JUDGMENT AND ORDER :

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

2. 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 Insurance 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 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;

(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;

(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 orders as Your Lordships may deem fit and proper.”

3. In the affidavit filed by the respondent No. 3, it is stated that the vehicle of the petitioner was taken on hire in the evening of 06.02.2013 on requisition. In the affidavit filed on behalf of the respondent No. 4, at Paragraph-5, it is categorically stated that the vehicle of the petitioner was requisitioned on 06.02.2013 for public purpose of conducting Panchayat Election, 2013 and the said vehicle was sent to Hatsingimari in the District of Dhubri on 09.02.2013 with police personnel for maintaining law and order during the Election. It is also admitted that the requisitioned vehicle was set on fire by an unruly mob near Hatsingimari Election Counting Hall on 15.02.2013, which resulted in the said bus being completely damaged and beyond repair. On receipt of information from the Superintendent of Police, Dhubri, request was made to the Superintendent of Police, Dhubri, to submit a detail report of the incident along with the MVI report of the damaged vehicle, which was still awaited. Information was given to the petitioner to take necessary steps from her end. It is also stated that as the detail report was not received from the Superintendent of Police, Dhubri, proposal for payment of adequate compensation could not be placed before the authority concerned.

4. The respondent No. 5, the Superintendent of Police, Dhubri in his affidavit has stated that 2(two) requisitioned vehicles including one of the petitioner were parked at Hatsingimari College field premises. On 15.02.2013 at about 10:30 AM, some unknown miscreants armed with lathi, dao, etc. by forming an unlawful assembly, entered into th

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