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2023 Supreme(Gau) 1032

DEVASHIS BARUAH
Mukul Bayan S/o Shri Monoranjan Bayan – Appellant
Versus
State Of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :MS.S BEGUM, Mr. S. Choudhury, Advocate.
For the Respondent:Ms. M.D. Borah, Mr. B.J. Talukdar, Mr. M.U. Mondal, Advocate

JUDGMENT :

1. The Petitioner herein aggrieved at the inaction of the Respondent Authorities in not returning the vehicle of the Petitioner is compelled to approach this Court for the second time by way of the instant writ petition.

2. From a perusal of the materials on record, it reveals that the Petitioner herein had purchased a Maruti Van bearing Registration No.AS 15/3227 at a price of Rs.2,20,000/-from one Md. Minul Hussain. The Petitioner used the said vehicle as a Taxi for which the petitioner had also obtained a permit. On 16.04.2001, the Additional Deputy Commissioner, Barpeta vide an order requisitioned the vehicle of the Petitioner in terms with Section 160 read with Section 166 of the Representation of Peoples Act, 1951 (for short ‘the Act of 1951’) and thereby directed the Petitioner to report the said vehicle of the Petitioner along with his driver and spare tyres on 17.04.2001 at 8:00 a.m. Thereafter the said vehicle had not been de-requisitioned or returned to the Petitioner, for which the Petitioner had approached the concerned Deputy Commissioner, Barpeta vide various representations. As the said representations submitted by the Petitioner beard no result, the Petiti

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