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1990 Supreme(Gau) 185

R.K.MANISANA SINGH, B.P.SARAF
Hemanta Kumar Sarma ; T. C. Agarwalla ; All Assam Motor Transport Association ; Md. Abdul Rahim Khan ; Abdul Matin Khan – Appellant
Versus
State of Assam – Respondent


Advocates Appeared:
P.Prasad, K.P.Sharma, B.P.Bora

Dr. B. P. Saraf, J.—

These five writ petitions raise important questions of law which relate to the scope and ambit of the powers of the authorities under section 3 of the Assam Requisition and Control of Vehicles Act, 1968 to requisition any vehicle and their obligation to pay compensation to the owner of such vehicle under sections 4 and 5 thereof. It was stated at the Bar that the issues involved in these writ petitions are not confined only to the petitioners but are of great public importance as the requisition of vehicles in Assam is almost a regular phenomenon which affects the day to day life of almost every citizen. On behalf of the petitioners, it was stated that in the purported exercise of power of requisition, vehicles-even private vehicles-are taken away by the police from the persons in possession thereof without having slightest regard to the requirements of the law. None of the procedures laid down in the Act is followed-even notice to the owner, which is mandatory, is not served before the requisition.

The whole thing is done in a most high handed manner. The modus operandi, it was stated, is simple. Vehicles are stopped on the way by the police personnel, who are






























































































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