WP(C) 7363/2013. Gauhati High Court

Case NumberWP(C) 7363/2013
Judgement DateJanuary 19, 2020
CourtGauhati High Court

I N THE GAUHATI HI GH COURT

( THE HI GH COURT OF ASSAM, NAGALAND, MI ZORAM AND ARUNACHAL PRADESH) WP( C) 7363/ 2013

Smti Ruma Bhuyan

W/ o Sri Sarat Ch. Bhuyan

R/ o Bhagadattapur, Suryadaya Path House No. 14, Kahilipara, Guwahati-19.

- Petitioner -Versus-

  1. The State of Assam,

    Represented by the Principal Secretary to the Government of Assam, Department of Home, Dispur,

    Guwahati, Assam.

  2. Commissioner & Secretary to the Government of Assam

    Election Department ,

    Dispur, Guwahati, Assam.

  3. The Deputy Commissioner, Sonitpur,

    P.O. & P.S. Tezpur, Dist-Sonitpur, Assam.

  4. The Superintendent of Police, Sonitpur,

    P.O. & P.S. Tezpur, Dist-Sonitpur, Assam.

  5. The Superintendent of Police, Dhubri,

    P.O. & P.S. Dhubri, Dist-Dhubri, Assam.

  6. The Motor Transport Officer (MTO),

    Police Reserve, Tezpur, Sonitpur, Assam.

  7. The Superintendent of Police,

    District-South Salamara, Assam.

    - Respondents

    For the petitioner : Mr. R. K. Bora, Advocate For respondents : Mr. T. C. Chutia,

    Government Advocate,

    Date of hearing and order : 19.01.2017

    BEFORE

    HON’BLE MR. JUSTI CE ARUP KUMAR GOSWAMI JUDGEMENT AND ORDER

    ( ORAL)

    Heard Mr. R.K. Borah, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned State counsel, appearing for all the respondents.

  8. The petitioner had purchased a vehicle (Bus) bearing registration No. AS-01/ X-8799 and the vehicle was plying passengers from Guwahati to Dhemaji. The year of manufacture of the vehicle was 2005 and the vehicle was under insurance with Reliance General I nsurance Company Limited. The insured declared value of the vehicle was Rs.4,04,478/ - and the certificate of insurance was valid from 19.07.2012 to 18.07.2013. After the vehicle was requisitioned on 06.02.2013, the same was sent to Dhubri on 09.02.2013 with police

    W P( C) 7 3 6 3 / 2 0 1 3

    personnel for election duty. The petitioner came to learn that the vehicle was set ablaze at Hatsingimari, Dhubri and the petitioner in such circumstances approached the authority vide letter dated 18.02.2013 (Annexure-4 of the writ petition) to release the vehicle and to make payment for the requisitioned period. The categorical and positive stand of the petitioner is that the vehicle got damaged totally. The petitioner requested the Superintendent of Police, Sonitpur for returning the vehicle in good running condition or to pay the whole compensation for the damage caused to the vehicle vide representation dated 29.03.2013 (Annexure-5 of the writ petition). As no steps were taken by the authorities, the petitioner has filed the writ petition praying for the following reliefs:

    “(i) to return the vehicle in good running condition as has been requisitioned by the authority, and/ or,

    (ii) to pay the whole purchase amount of the vehicle with the interest as applicable,

    (iii) to pay the hired charges as due to the petitioner and/ or,

    (iv) to pay compensation as entitled by the petitioner and/ or after perusing the show causes if any records of the case and upon hearing the parties be pleased to make the Rule absolute and/ or pass such other or further order/orders as Your Lordship may deem fit and proper in the facts and circumstances of the case.

    - AND -

    It is prayed that pending disposal of this petition an appropriate interim direction may be issued directing the respondent authority to the effect that the monthly installment amount relates to the vehicle may be provided to the petitioner and/ or be pleased to pass such further other order (s) as Your Lordships may deem fit and proper.”

  9. I n the affidavit filed by the respondent No. 3, it is stated that the vehicle of the petitioner was taken on hire in the...

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