RAJIB PARASAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Head Mr. B.D.Konwar, learned counsel for the petitioner and also heard Mr. Mahanta, learned Addl. Sr. Govt. Advocate for the Respondents.

(2.) The broad facts of the case are not in dispute. The petitioner is the owner of Maruti Van bearing Registration No.AS 12A-5535, and the said vehicle was requisitioned by the State of Assam on 22.3.2001 under Section 3 of the Assam Requisition and Control of Vehicle Act 1988.

(3.) On 25.3.01 the FIR was lodged to the effect that the said vehicle were in the custody of the SP city has been stolen and Dispur P.S.Case No. 228/2001, was registered. Admittedly the vehicle has not been recovered till nowmore than 2 years have elapsed. The case of the petitioner is that the vehicle was taken after obtaining loan from the Bank and making repayment by way of instalments and it was the only source of livelihood of the petitioner and the petitioner has not been paid equired compensation. Bank has instituted a civil suit for realisation of loan amount.