Heard Mr. S. Kalita, learned counsel the petitioner and also Mr. T. Chutia, learned Junior Government Advocate. 2. The petitioner's case is that, she owns a Tata vehicle bearing registration No.AS-01/1911. The said vehicle was purchased by the petitioner by way of taking loan from the State Bank of India and the petitioner is liable to repay the loan in installments with interest. Despite the aforesaid fact, the vehicle was requisitioned once in June 1998 for a period of 10 days and then again in June and July 1998 for 4 days and the vehicle is again requisitioned on 20.7.98 for a period of 4 days. On each of the aforesaid occasions when the vehicle was requisitioned, no notice or order under section 3 of the Assam Requisition and Control of Vehicles Act, 1968 was served on the petitioner. Further the petitioner has demanded a sum of Rs.9,000 for requisition compensation, but the said amount has not been paid to the petitioner by the authorities. 3. Mr. Kalita, learned counsel for the petitioner vehemently argued that it has been decided by the Division Bench of this Court in the case of Hemanta Kumar Sarma & others vs. State of Assam & others, reported in 1990 (2) GLJ 350 that a vehicle once requisitioned under the Assam Requisition and Control of Vehicles Act, 1968 cannot be requisitioned again unless the requisition bills for the earlier periods in respect of the said vehicle are first paid by the authorities. 4. In view of the said judgment of this Court, I dispose of this writ petition with a direction that in future as and when the vehicle is required by the authorities, a proper notice shall be served on the owner of the vehicle. I further direct that the aforesaid vehicle will not be requisitioned frequently by the authorities particularly in view of the fact that the vehicle has been acquired by the petitioner by way of taking a loan from the State Bank of India for which interest is being paid by her against the said loan amount.
I further direct that the aforesaid vehicle will not be requisitioned frequently by the authorities particularly in view of the fact that the vehicle has been acquired by the petitioner by way of taking a loan from the State Bank of India for which interest is being paid by her against the said loan amount. I further direct that the petitioner will submit bills for requisition compensation for the period during which the vehicle was requisitioned i.e. June, July 1998 before the Deputy Commissioner, Kamrup District who will process the same and pay the amount actually found due to the petitioner within a period of four months from the date of receipt of the certified copy of this order.