LAWS(PAT)-2002-3-72

NIRBHAY KUMAR SINGH Vs. STATE OF BIHAR

Decided On March 04, 2002
NIRBHAY KUMAR SINGH Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) THE facts in not -shell are that the Jeep bearing No. BR -1P -8121 belonging to Ajay Kumar Singh was obtained by the present petitioner Nirbhay Kumar Singh. On 5.2.2000, the petitioner, who was occupying the jeep was removed from the said occupation, the vehicle was produced before the Vehicle Section in the Collectorate and thereafter the Incharge of the Vehicle Section submitted the report to the then District Magistrate, who in his turn directed deployment of the vehicle for the election duty. The said jeep was used for the period between 5.2.2000 to 29.2.2000. After the election work was over, the jeep was returned back to the petitioner and as submitted by the petitioner a paltry sum of Rs. 5,000/ - was offered as compensation for use and occupation of the Jeep.

(3.) THE respondent District Magistrate (since retired) has submitted his counter and inter -alia submitted that he has highest regards for the authority of this Court and as the fact that the vehicle was private vehicle was not brought to his notice by anybody including the petitioner, he was justified for deploying the vehicle for election duty. The then Officer Incharge of the said police station has also filed a counter and inter -alia submitted that neither in the petition nor in the legal notice issued before the submission of the writ petition, allegations have been made against the said answering respondents, therefore, he is not required to submit anything further.