WP(C) 4045/2009 BEFORE HON’BLE MR. JUSTICE A.C. UPADHYAY Heard Mr. D.C.Borah, learned Counsel for the petitioner and Mr.P.K.Saikia, learn ed C.G.C, appearing on behalf of the Respondent No. 3. The petitioner is the owner of a Tata Sumo Victa Ex.Private vehicle AS-02/D-683 3 and he has been using the same for his personal business. On 25.7.09 the vehi cle of the petitioner was forcibly taken by the Army personnel without serving a ny requisition notice. In spite of repeated requests made by the petitioner to r elease the vehicle in question, the same was not returned. Instead, the Commandi ng Officer of the Army Unit wrote a letter on 28.8.2009 to the Deputy Commis sioner, N.C. Hills, Haflong seeking requisition order in respect of the vehicle of the petitioner w.e.f. 25.07.2009 and accordingly, the Deputy Commissioner, N. C. Hills issued requisition order of the vehicle of the petitioner w.e.f. 25.7.0 9. The vehicle was not released by the Army authority even after a lapse of 55 d ays, but on 22.9.09 the vehicle in question was returned to the petitioner by t he Army authority. This Court on 4.12.09 passed an order directing the D.T.O, Nagaon to submit ass essment report of the vehicle of the petitioner. Accordingly, D.T.O, Nagaon upon assessment of the vehicle, submitted a detailed report describing the damage caused to the vehicle of the p etitioner, which are as follows :- 1. Rear (door ) dicky ) inside pad made up of hard board and rexin foun d in torn out condition. 2. Rear door ( dicky ) lock found damaged. 3. The bottom corner of the rear door found slightly bend. 4. The front wind shield found cracked on right hand side corner. 5. Front seat cover made up for rexin found slightly learned. 6. One wheel cap not found on the front left hand side wheel. 7. Rear body corner found dented slightly 4 X 3 in size. On road test the ve hicle was found in good running condition and all system were working properly w ithout having defect. The learned Counsel for the petitioner submits that apart from the damage caused to the vehicle of the petitioner, he has not been paid the dues of the requisit ion of the vehicle for 24 days i.e. w.e.f. 30.8.2009 to 22.9.2009 and also submi ts that he has also claimed compensation for the damage caused to the vehicle during the aforesaid period. The Respondent No.2, Deputy Commissioner, N.C. Hills has submitted affidavit-in-opposition admitting the requisition of t he vehicle and further admitted that a sum of Rs.34,000/- has already paid to the petitioner as cost of the requisition of the vehicle in question. The learned Counsel for the petitioner submits that the payment of requisition charge of the vehicle for 24 days is yet to be paid by the respondent authority. Considering the facts and circumstances discussed above, I propose dispose of th is writ petition with the following orders:- The Respondent No.2. D.C, N.C. Hills, Haflong on receipt of the bills from the p etitioner shall assess the cost of requisition of the vehicle of the petitioner ,for the remaining period of 24 days, as per the prevalent rate of the requisi tion of the vehicle of the petitioner and make payment of the outstanding dues. The respondent No. 2 shall also make payment of the compensation for the damage caused to the vehicle of the petitioner as reflected by the D.T.O, Nagaon, after making proper assessment of damage, in terms of the said report. The entire exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order, without fail. With the above directions and observations, this writ petition stands disposed o f.