WP(C) 3185/2009 BEFORE HON’BLE MR. JUSTICE A C UPADHYAY Heard Mr. D. Gogoi, learned counsel for the petitioner and Mrs. K. Devi, learned Government Advocate appearing for the State-respondents. The petitioner purchased a TATA Winger bearing Registration No.AS-12-E 0999 in 2 008, financed by TATA Motors Pvt. Ltd. and was using the vehicle for casual cont ract carriage, under All Assam Tourists Taxi permit. He was paying monthly inst allments to the finance company by meeting all other expenditures from the incom e of his vehicle. The Traffic Police-in-charge, Biswanath Chariali requisitione d the vehicle of the petitioner on behalf of the Sub-Divisional Officer, acting as a Transport Officer, Biswanath Chariali on 13.06.2008 and placed the vehicle in the Office of the Commanding Officer, B/168 CRPF, Biswanath Chariali on C.I. Operation duty. The vehicle aforesaid of the petitioner was thus requisitioned by the respondents almost for 268 days continuously. The petitioner submitted the bills for payment of the hire charges of his vehicl e before the Sub-Divisional Officer, Biswanath Chariali, which comes to the tune of Rs.2,68,000/-, but till date nothing has been paid to the petitioner by the respondents. The petitioner further submitted that since his vehicle is having 2 0 seat capacity, it has to be treated as Mini bus in terms of the order issued b y the Sub-Divisional Officer, Biswanath Chariali and the rate prescribed for the mini bus is required to be paid to him. Learned Government Advocate submits that the Government has filed affidavit in t his case admitting the claim of the petitioner and further stated that out of th e total bill amount of Rs.2,41,000/-, the department has already paid a total su m of Rs.78,500/- to the petitioner. Learned Govt. Advocate further submits that the outstanding dues shall be paid to the petitioner by the concerned departmen t after due verification of the bills. However, as submitted by the petitioner, since the petitioner’s vehicle is havin g 20 seats capacity, the rate per day has to be considered in terms of the requi sition order issued by the Sub-Divisional Officer, Biswanath Chariali, which is Rs.1,200/- per day as hire charge up to 300 km and beyond 300 km for every 10 km Rs.40/- and daily allowance for the driver and handyman of the vehicle is Rs.10 0/- and Rs.80/- each per day respectively. Apparently, since there is no specif ic rate for 20 seater Winger passenger carriage vehicle in the requisition issue d by the Sub-Divisional Officer, Biswanath Chariali, therefore, the petitioner s hall be entitled to the rate fixed for 20 seat capacity vehicle as aforesaid. In view of the above and with the consent of the learned counsel for the parties , the writ petition is disposed of with a simple direction to the respondents No .3 to make the payment of the legitimate dues to the petitioner in terms of the rate fixed for 20 seater vehicle as indicated above for requisition of his vehic le in question for the period aforesaid, after deducting the amount already paid to him. This process shall be completed within a period of 3(three) months fro m the date of receipt of the certified copy of this order. With the above directions and order, this writ petition stands disposed of.