Asok Potsangbam, J.

1. Heard Mr. Ch. Dhananjoy Singh, learned Counsel appearing for the Petitioner and Mr. R.S. Reisang, learned Government Advocate, appearing on behalf of the State Respondents.

2. This writ petition has been filed under Article 226 of the Constitution of India, praying for compensation, with the following reliefs:

It is, therefore, prayed that your Lordship be pleased to:

(i) issue rule calling upon the Respondents to show cause as to why the case of the Petitioner for payment of compensation for the lost of vehicle and filled gas cylinder on 23.08.2001 at Tadubi Village by the antisocial elements.

(ii) make rule absolute.

(iii) pass an order/direction which Hon'ble Court deem fit and proper.

(iv) issue an order make an enquiry of the arson of the said vehicle and 300 gas cylinders.

3. It is stated that the Petitioner was the owner of vehicle bearing registration No. MN 01/4959 and the owner of the vehicle entered into a contract with the Indian Oil Corporation (Assam Oil Division) to carry gas cylinders from Assam to Manipur on the terms and conditions stipulated in the contract agreement. A copy of the agreement was subsequently made available before this Court and the relevant portion dealing with insurance reads as follows:

E INSURANCE:

Contractor/s will be required to have a comprehensive Insurance policy for each vehicle including cargo from Public Sector Insurance Company and keep such policy in force at all times to cover all risk of whatever nature. The policy should have specific mention for overage of any damage caused by the truck/sto Corporation's/Public property/Person/s etc during pendency of the contract.

4. The case of the Petitioner is that on 23.08.2001 at about 10.00 a.m. when the vehicle of the Petitioner was coming from Assam to Imphal, Manipur,with 300 filed loaded gas cylinders for unloading at Imphal, some unknown armed youths stopped the vehicle near Tadubi Village under Mao Police Station on the National Highway No. 39 and burnt the vehicle along with the gas cylinders. As a consequence thereto, the vehicle of the Petitioner was completely damaged and all gas cylinders burst and exploded. Ultimately, Mao Police Station registered FIR Case No. 13(8)/2001 under Sections 148/149/325/436/427 IPC and 7 Cril Law Amendment Act, 1930.

5. It is further stated that the burnt vehicle of the Petitioner was inspected by the concerned District Transport Officer and submitted a report to the Officer-in-Charge of Mao Police Station. In the instant case, the Petitioner had demanded a sum of Rs.7,00,000/- being the value of the vehicle and Rs.3,29,889/- being the price of the gas and cylinders. In all, a sum of Rs.10,89,778/- was demanded by the Petitioner from the Manipur Government.

6. Disputing and controverting the claims and contentions of the Petitioner, a detailed affidavit has been filed by the State Government wherein it is stated that there was an economic blocked of National Highway 39 called by some local youths in connection with some demands and to ensure smooth supply of essential items to the State and its people, security was provided by the State Government to escort the vehicles from the border of Nagaland i.e. Khujama, including the buses coming from Dimapur towards Imphal in a group/batch. None of the vehicles within the security arrangement was allowed to proceed unless there was go ahead signal from the security. However, on 23.08.2001, one truck bearing No. MN 01-4945 loaded with 300 filled cylinders driven by one Shri E. Dhaja Singh, without informing the security personnel, left Khujama at his own risk. The said driver was fully aware of the economic blocked on NH 39 and he neither informed the Mao Police nor asked for security to escort his vehicle. Thereafter, the incident of burning of the truck and gas cylinders took place.

7. It is further submitted that the State Government deployed District police personnels to maintain law and order properly despite communal tension, band