Plea Alleges Oxygen Tankers 'Robbed' By The State Officials: Allahabad High Court Seeks Uttar Pradesh Government's Response

The Bench of Justice Ritu Raj Awasthi and Justice Saurabh Lavania was hearing the Writ Petition filed by one Sangeeta Jaiswal (owner of RK Oxygen) who alleged that State Authorities in Lucknow arbitrarily took away liquid oxygen tankers and had declined to return the same.

Allegations in the plea

The petitioner further submitted that opposite parties (officials of state authorities) have no authority to take away the liquid oxygen tankers of the petitioner and that the same have been taken by the opposite parties in their custody without any consent of the petitioner.

It was also stated that the Opposite parties are now forcing the petitioner to purchase the liquid oxygen tankers at very high rate and thus an inquiry was required to be conducted in this regard.

The plea filed by the petitioner categorically states that that the Petitioner's Son was also abducted and illegally confined for 48 hours.

Alleging that it was clearly a violation of Fundamental Rights under Article 21 of the Constitution, the petitioner further avers that seizing of the oxygen tanks had infringed her right to occupation guaranteed under Article 19 (g) of the Constitution.

It has been alleged that when the consignment from the manufacturers had arrived, the Petitioner's son had gone to receive the same at the Railway Yard, when the respondents (officials of states authorities) along with the police came there and allegedly captured the said oxygen tankers.

Further, the police and also held the petitioner's Son in custody to understand the technical aspects of the oxygen tanker and the details regarding the consignment.

Lastly, the plea also avers that once the tankers were captured, the respondent officials, in turn, offer the petitioner that those tankers could be purchased from them at a certain rate.

Also, when the petitioner expressed shock as to how could the tankers (already purchased by her) be resold to her, however, allegedly she was asked either to purchase the tankers or shut down her plant.

Thus, due to this alleged illegality of the state authorities, she had to incur losses to the tune of Rs.20 lakhs.

Case title - Sangeeta Jaiswal v. State Of U.P. Thru. Prin. Secy. Home, Lko. & Ors.

Click Here To Download Order

Read Order