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Judgment
The petitioner, Smti Mijitha G. Momin has filed the present petition under Article 226 of the Constitution of India seeking directions, inter alia,
that the respondents be directed to pay the due compensation with interest for using her vehicle and for damaging her vehicle/Bolero Pick-up
bearing registration No. ML-09A-6341 and to consider the application/representation dated 15.01.2016, 18.03.2016 and 22.09.2016.
The case of the petitioner is that the Deputy Commissioner, South Garo Hills requisitioned the vehicle of the petitioner bearing registration No.
ML-09A-6341 for using the same in the Bye-Election to the Legislative Assembly, 2016 which was scheduled to be held on 27th July, 2015. It is
also stated that after requisition of the said vehicle by respondent No. 4 the same was handed over to the Superintendent of Police, South Garo
Hills District, Baghmara and the same was allowed to be used by subordinate officer of the Superintendent of Police. The said vehicle was seized
vide Nongpoh P.S. Case No. 150 (7) 2015 u/s 337/338/427/304A IPC. It is also stated the petitioner moved an application for release of the
said vehicle which was allowed by learned Judicial Magistrate First Class, Ri-Bhoi District, Nongpoh on certain conditions and on furnishing
Zimma bond. The Zimma Bond was furnished and the said vehicle was released and brother-in-law of the petitioner took the vehicle and the same
was seized by Baghmara Police Station.
On a specific query, Mr. P.T. Sangma, learned counsel for the petitioner submits that no application for release of the vehicle was moved in the
Court at Baghmara in the said case.
During the course of argument Mr. P.T. Sangma, learned counsel for the petitioner submits that he may be permitted to withdraw the present
petition with liberty to avail appropriate legal remedy. Learned counsel for petitioner has also moved an application for withdrawal of the present
petition. Ms. S. Bhattacharjee, learned counsel for respondents submits that she has no objection to the prayer made by learned counsel for the
petitioner.
In view of the facts and circumstances of the case and submissions made by learned counsel for both the parties as well as the application filed
by learned counsel for the petitioner, the present petition is dismissed as withdrawn with liberty as prayed.