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2001 Supreme(Jhk) 635

M.Y.EQBAL
GRAY HOUND TRANSPORT CO. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
DIPAK PRASAD, M.M.Prasad, S.N.Lal

Judgment :

M. Y. EQBAL, J.

( 1 ) IN this writ application the petitioner has prayed for issuance of an appropriate writ directing the respondents to pay compensation on account of total loss and damage to the vehicle caused by explosion and fire by the terrorists/extremists and also for payment of hire charges and damages.

( 2 ) THE petitioner is the owner of the vehicle namely Tipperhaving registration No. 20g/5275. The vehicle was requisitioned by the respondents and seized on 14-9-99 at Khelari in the disrict of Ranchi for the purpose Parliamentary Election, 1999. On 16-9-99 said vehicle was sent to Palamau in the custody and possession of respondent No. 5, the Deputy Commissioner-cum-returning officer, Palamau. On 18-9-99 while the said vehicle was on election duty, it was completely damaged and destroyed by explosion caused by terrorists/extremists at Balumath police station. During the relevant time the said vehicle was carrying the officers and election materials for conducting election. In the said incident some of the officials also died. A Criminal case was regisered being Balumath PS Case No. 29/99. The vehicle was further set on fire by he terrorists who also took away


















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