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2017 DIGILAW 233 (GAU)

Enyei Yanlem, S/o. T. Yanlem v. State of Nagaland

2017-02-22

SONGKHUPCHUNG SERTO

body2017
JUDGMENT & ORDER : 1. Heard Mr. Pfosekho, learned counsel for the petitioner and Mr. V. Zhimomi, learned Government Advocate appearing on behalf of all the State respondents. 1. The brief facts of the case is that the petitioner had applied for allotment of a condemned vehicle of the Government of Nagaland and in response to his application he was allotted the Maruti Gypsy bearing registration No. NL-10/2205. That he was allotted the vehicle was conveyed to him by the Chief Engineer, Mechanical, PWD, Government of Nagaland vide his letter dated 31.07.2012. On receiving the letter, the petitioner, deposited a sum of Rs.42, 971/- , which is the price of the vehicle allotted to him, in the Government account. After completion of all formalities that was required, the authority vide letter dated 14.08.2012 released the vehicle to him with an information to collect the same from Smti. Savino, Retried Registrar (NPWD), who is arrayed in the writ petition as the respondent No. 6. Accordingly, the petitioner along with some officials of the department went to collect the said condemned vehicle which has been allotted to him. However, the respondent No. 6 refused to release the vehicle to him. Following the incident the petitioner requested the respondents to do whatever is necessary from their side so that the vehicle is handed over to him. Getting no positive response, he served a legal notice through his counsel to the respondents. But, even thereafter, no positive action has been taken up by the respondents, therefore, he has been compelled to come to this Court seeking for appropriate relief. 3. I have gone through the counter affidavit filed by the respondents accept the respondent No.6. There is no denying the fact that the vehicle, Maruti Gypsy bearing registration No. NL-10/2205 has been allotted and released to the petitioner after he had completed all the formalities including the payment for the same. In view of the facts and circumstances stated above, the respondents are under bounden duty to hand over the vehicle to the petitioner. Therefore, the respondents, more particularly, the respondent Nos. 2, 3 & 4 are directed to hand over the Maruti Gypsy bearing registration No. NL-10/2205 within a period of 1(one) month from the date of receipt of a copy of this order. With this, the writ petition is disposed.