RANJAN CHOUDHURY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an appeal by the plaintiff under Sec. 96 of the CPC from the judgment dtd. 4/4/2017 delivered in Money Suit 17 of 2015 by the Civil Judge, Senior Division , West Tripura, Agartala, Court No.1. By the said judgment, the suit seeking compensation to the extent of Rs.65,12,000.00 as damages has been dismissed on the basic finding as recorded out by the trial judge (the Civil Judge, Senior Division, West Tripura, Agartala, Court No.1) and reproduced hereinunder:

(2.) The plaintiff has claimed the ownership of the vehicle bearing registration No.TRL 3899 (Canter). On 27/9/1995, the said vehicle was seized by the Divisional Forest Protection Party (DFPP) at Chamapaknagar Forest Drop Gate and Shal timbers ware seized from the vehicle. The vehicle, as consequence, of illegal carriage was as well seized. The said seizure ultimately led to proceeding under the Indian Forest Act against the plaintiff. On 17/5/1996, by a representation, the plaintiff demanded to the defendant No.3 (the Divisional Forest Officer) release of his vehicle on 27/5/1996. A similar demand was renewed to the Conservator of Forests with copy to the defendant No.3, but, without any positive yield. Being persuaded by the circumstances, the plaintiff approached the Gauhati High Court by filing a writ petition being WP(C) 273 of 1999 which had the territorial jurisdiction at the relevant point of time to adjudicate. Further, by the judgment dtd. 4/6/1999, the said writ petition was disposed of, on directing the plaintiff to make a fresh representation within ten days to the authority concerned and such representation the dispute was directed to be disposed of within six weeks from the date of submission by a reasoned order. The plaintiff accordingly filed such representation on 10/5/2019 to the defendants No. 2 and 3. The vehicle of the plaintiff was confiscated by the order dtd. 27/9/1995 on the basis of the report dtd. 27/9/1995, by the authorised officer. The plaintiff had preferred a statutory appeal to the court of the District Judge ,West Tripura, Agartala being Misc. Appeal No.70 of 2001. For purpose of hearing, the said appeal was transferred to the court of the Addl. District Judge, Court No. 2, West Tripura, Agartala. The said appeal was allowed and the order of confiscation dtd. 1/11/2001 was quashed by the said appellate court. The appellate order dtd. 1/11/2001, was challenged by the defendants (the respondents herein) by filing a petition under Article 227 of the Constitution of India being WP(C) 391 of 2005 and the said case was dismissed by this Court by the judgment and order dtd. 28/2/2014.

(3.) On 27/5/2014, the petitioner made a representation to the defendants No.1 and 3 demanding compensation at Rs.15,000.00 per month from 27/9/1995 when the said vehicle was seized. According to the plaintiff, on that day, the value of the vehicle was Rs.3,00,000.00 and for such illegal detention of the vehicle, not only the livelihood of the plaintiff has been jeopardized but the vehicle has been substantially damaged.