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TMI Blog2023 (6) TMI 829X X X X Extracts X X X X X X X X Extracts X X X X ..... whether the petitioner must be reserved with liberty to file affidavit to establish his case that he has not connived with the transporter and therefore there cannot be confiscation of the subject vehicle. If the rectification application is considered and adjudicated, the question of considering connivance may not survive. However, for complete adjudication, the respondents must consider the question of connivance so that the petitioner can pursue all grounds for complete adjudication. The petition stands disposed of, directing the third respondent to simultaneously adjudicate on the petitioner s rectification application dated 18.11.2022 notwithstanding the errors in mentioning the vehicle number in certain places in the application. - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he orders of this Court in different proceedings including in the writ petition in W.P. No.4997/2022 which is disposed of on 13.01.2023. 3. It must be recorded, at this stage, that it is obvious that the petitioner in the present proceedings, does not insist on the challenge to the confiscation order and would rather pursue the application for rectification with the respondents deciding on the questions of connivance. 4. Sri. K Hemakumar, the learned Additional Government Advocate, who is called upon to accept notice for the respondents, submits that the petitioner s rectification application is not considered because it is filed in respect of the vehicle bearing No.KA-02-D-8148 and the present proceedings relate to the vehicle as first men ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bmissions that this Court will have to decide on whether the third respondent must be directed to consider the petitioner s application dated 18.11.2022 notwithstanding certain typographical errors, and whether the petitioner must be reserved with liberty to file affidavit to establish his case that he has not connived with the transporter and therefore there cannot be confiscation of the subject vehicle. If the rectification application is considered and adjudicated, the question of considering connivance may not survive. However, for complete adjudication, the respondents must consider the question of connivance so that the petitioner can pursue all grounds for complete adjudication. Further, the petitioner, who undoubtedly will be enjoin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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