Lakhimai Deka v. The State of Assam and 12 Ors

ORDER Date : 13-03-2024 Heard the learned counsel for the parties. The present writ petition is filed with a claim that a city bus bearing registration No.AS 01 AC 3911 was requisitioned by the District Administration, Kamrup (M) and was taken to Imphal, Manipur for the purpose of election duty during the General Election of Manipur Legislative Assembly, 2017. The said vehicle met with an accident and it was severely damaged. Though the vehicle was insured with New India Assurance Company up to 08.03.2017, however, as the vehicle was under custody of the respondent, the insurance policy was not extended after its expiry on 08.03.2017. Accordingly the petitioner claim for compensation from the respondents and the petitioner has assessed damage of the vehicle to be at Rs.4,82,400.00 in the writ petition. During the course of hearing the learned counsel for the respondent Nos.8, 9 and 10 has submitted that the respondent Nos.8 and 9 and the petitioner has settled the matter out of the court and the respondent DGP of the State of Manipur, in terms of such settlement dated 22.02.2023, has already made payment of Page No.# 4/4 Rs.4,50,000 to the petitioner by a cheque bearing No.268743 dated

16.02.2023 drawn on State Bank of India. The learned counsel representing the DGP has also produced a copy of the deed of settlement dated 22.02.2023 and a receipt of such amount issued by the petitioner namely Lakhimai Deka. The learned counsel for the petitioner, however, submits that he has not been instructed regarding such development by the petitioner. In the aforesaid backdrop and in the considered opinion of this court, nothing survives to be adjudicated in this matter. Accordingly the same stands closed. The communication dated 13.03.2023 issued by the Superintendent of Police, CMTW, Imphal, Manipur, the money receipt dated 20.02.2023 and the deed of settlement dated 22.02.2023 are kept on record. However, it is made clear that if the aforesaid facts of settlement and payment of money are not correct, the petitioner shall be at liberty to seek review of this order.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010282922019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8675/2019o LAKHIMAIoDEKAo W/O.oMANMOHANoDEKA,oR/O.oBISHNUoRABHAoNAGAR,oP.O.oANDoP.S.o NOONMATI,oDIST.oKAMRUPo(M),oGUWAHATI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo12oORS.o REP.oBYoTHEoHOMEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oHOMEoDEPTT.,o DISPUR,oGUWAHATI-781006. 2:THEoCHIEFoSECRETARY oGOVT.oOFoASSAM oDISPUR oKAMRUPo(M) oGUWAHATI-781006. 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-781007. 4:THEoCOMMISSIONERoOFoTRANSPORT oGOVT.oOFoASSAM oKHANAPARA oGUWAHATI-781022. 5:THEoDY.oCOMMISSIONER oKAMRUPo(M) PageoNo.#o2/4 oGUWAHATI-781001. 6:THEoSUPDT.oOFoPOLICE oKAMRUPo(M) oGUWAHATI-781001. 7:THEoUNIONoOFoINDIA oREP.oBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoINDIA oMINISTRYoOFoHOMEoAFFAIRS oDEPTT.oOFoHOME oNEWoDELHI-110001. 8:THEoSTATEoOFoMANIPUR oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo MANIPUR oTRANSPORToDEPTT. oIMPHAL. 9:THEoSUPDT oOFoPOLICEo/CMTW o1SToM.R. oIMPHALoTRANSPORToCOMMITTEE oIMPHAL. 10:THEoASSTT.oCOMMANDANT oTRANSPORToCOMMITTEE oCECRo(SAE-2017) oMANIPUR oIMPHAL. 11:THEoDISTRICToTRANSPORToOFFICER oDIST.oKARBIoANGLONG oASSAM oDIPHU oASSAM. 12:THEoSECRETARY oGUWAHATIoTRANSFORoASSOCIATIONo(GTA)oGUWAHATIoGOVERNMENTo PRESSoROAD oBAMUNIMAIDAM oGUWAHATI-o 781o021 oDIST.-oKAMRUPo(METRO) Page No.# 3/4 ASSAM Advocate for the Petitioner : MR. P B MAZUMDER Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY