1 CWP No.3418/2008R IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL WRIT PETITION NO.3418/2008 Hansraj Yadav Versus The State of Rajasthan and others Date of order ::: May 07, 2008 HON'BLE MR.JUSTICE PREM SHANKER ASOPA Mr.Nitin Jain, for the petitioner Mr.J.M.Saxena, for the respondent By this writ petition, the petitioner has challenged the impugned notice dated 5.3.2008 (Anx.1) and notice dated 8.3.2008 (Anx.3) as also seizure memo dated 5.3.2008 (Anx.2) whereby truck and the goods have been seized by the Commercial Taxes Department. Admittedly, the petitioner is the Driver and has nothing to do with the ownership of the truck and the goods and has not been duly authorised by the owner of the vehicle/goods to file such kind of application. He is simply an employee of the transporter and has further no right to give any power of attorney to one Nand Kishore who has filed the present writ petition. Even the transporter has also not filed any independent application for release of the truck and the goods. Accordingly, I am of the view that the petitioner has no locus standi to maintain the writ petition and to raise the 2 CWP No.3418/2008R grievance against the impugned notice/orders. However, it will be open to the transporter to move independent application for release of the truck and further, owner of the goods will also be at liberty to move application for release of the goods and if they so like, then they may implead driver in the said application. The writ petition is dismissed. (PREM SHANKER ASOPA) J. गोpa ल