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2014 DIGILAW 947 (GAU)

Narendra Nath Sarma v. State of Assam & Ors.

2014-10-29

K.SREEDHAR RAO, UJJAL BHUYAN

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Heard the appellant and the respondent. The writ petition [WP(C) No. 7170/2013] was filed asking (for) damages towards repairing of the vehicle for the period the vehicle was in custody of District Transport Officer (DTO), Bongaigaon. The DTO had seized the vehicle for non-payment of road tax. It appears that the petitioner has taken ‘finance’ for purchase of the vehicle. There was dispute between the financier and the petitioner. A criminal case was filed. The petitioner after obtaining interim order from the criminal court took custody of the vehicle but did not furnish the registration certificate. In that regard petitioner filed a writ petition - WP(C) No. 5196/2011 - for obtaining a duplicate copy of the registration certificate. After obtaining the duplicate certificate the petitioner had disputed the tax liability. It is said that when the vehicle was in the custody of DTO the car was damaged and had to be repaired, therefore, the petitioner sought payment of Rs. 3.8 lakh-odd as damages from the DTO. The learned Single Judge dismissed the writ petition. Hence, this appeal. The learned Single Judge in the penultimate para of his judgment made the following observation: “In view of the above, no direction can be issued to the respondents for payment of the aforesaid bill amount as claimed by the petitioner.” It is evident that the petitioner has filed a civil suit. The question of damages cannot be granted in a writ petition, because it would have a disputed question of fact. In that view of the matter the writ appeal is dismissed.