WP(C)/2981/2002 of MUKUL BHUYAN Vs STATE OF ASSAM and ORS on 31 December 2002

WP(C) 2981/2002BEFORE

HON’BLE MR. JUSTICE H.N. SARMA

Requisition of Maruti Van bearing registration No. AS-15-3227 which was used as ’Taxi’ by the petitioner is the subject matter of challenge in this writ petition.

None appears for the petitioner.

The petitioner is the registered owner of the aforesaid vehicle. The said vehicle was requisition on election duty by eh Deputy Commissioner, Barpeta on 17/4/01. While it was under requisition, an accident took place on 3/11/01 while it was driven by respondent No.5. The grievance of the petitioner is that in spite of the requests made by the petitioner, the vehicle was neither repaired nor released. Accordingly, he has approached this court for an order to repair and release the vehicle.

A counter affidavit has been filed on behalf of the respondent No.5 stating thatin terms of the interim order passed by this Court, he wrote a letter for releasing the vehicle in question but nobody from the petitioner’s side came up to receive the vehicle.

While issuing notice on 13/5/2002, this Court passed an interim order directing the respondents to release the vehicle of the petitioner in serviceable condition.

In view of the aforesaid interim order which amounts to almost giving final relief to the petitioner which is still in operation, this writ petition stands disposed of in terms of the aforesaid interim order.This disposes of the writ petition.