Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010097932025
2025:GAU-AS:12832
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2542/2025 DHARMENDRA BORA S/O-LATE JATIN BORA,R/O-H.B ROAD,MACHKHOWA,P.O AND P.S- BHARALUMUKH,GUWAHATI 9 KAMRUP METRO ASSAM VERSUS THE STATE OF ASSAM AND ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,HOME DEPARTMENT,DISPUR-06 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPPTT. DISPUR-781006 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007 4:THE COMMISSIONER OF POLICE KAMRUP (METRO) GUWAHATI DISTRICT KAMRUP (METRO) ASSAM. 5:MOTOR TRANSPORT OFFICER (MTO) OFFICE OF THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007 6:MOTOR TRANSPORT OFFICER (MTO)
Page No.# 2/4 POLICE RESERVE PANBAZAR GUWAHATI DIST-KAMRUP (M) ASSAM
Advocate for the petitioner(s): Mr. A Das
Advocate for the respondent(s): Mr. SR Baruah, Govt. Advocate, Assam
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER 17.09.2025
The instant writ petition is filed by the petitioner challenging the inaction on the part of the Respondent Authorities in releasing the vehicle hire charge dues amounting to Rs.17,33,024/- which the petitioner is entitled to. 2. The case of the petitioner herein is that the petitioner’s vehicle namely Mahindra Thar CRDE bearing Registration No.AS-01-EE-5011 was taken on hire by the respondent authorities on daily rent basis at Rs.990/- per day and Rs.200/- as driver’s allowances. Thereupon, the petitioner had submitted the requisite bills before the respondent authorities for release of the said amount against the hiring of his vehicle from time to time. It is the grievance of the petitioner that the outstanding bill amounting to Rs.17,33,024/- had also been duly admitted by the respondent No.4, however, till date the said amount has
Page No.# 3/4 not been paid to the petitioner. The learned counsel for the petitioner submits that the petitioner had to sell off the vehicle to clear the outstanding loan amount to the Bank. The petitioner had also represented on several occasions for release of his dues, but all his efforts had failed. Finding no other alternatives, the petitioner has approached this Court by way of the instant writ petition. 3. Mr. SR Baruah, the learned Government Advocate, Assam appearing on behalf of the respondents submitted that there is no denial to the fact that the vehicle of the petitioner was hired by the respondent authorities.
The learned counsel for the respondents, however, submitted that the entitlement of the petitioner would depend upon further verification to be carried out by the Respondent Authorities. 4. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had given his vehicle on hire, the petitioner would be entitled to the amount as claimed. However, for the same, verification on the part of the Respondent Authorities would be required. 5. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- i) The Respondent Authorities shall verify as to whether the vehicle i.e. Mahindra Thar CRDE bearing Registration No.AS-01-EE-5011 was taken on hire by the respondent authorities on daily rent basis at Rs.990/- per day and Rs.200/- as driver’s allowances. ii) The Respondent Authorities shall also verify as to whether the petitioner had submitted the requisite bills/documents which are required for the purpose of releasing the outstanding amount as claimed by the
Page No.# 4/4 petitioner. iii) The Respondent Authorities shall also verify the entitlement of the petitioner to the outstanding dues, and if upon verification in the manner stated above, it is found that the petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the petitioner. iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondents, more particularly, the respondent No.3, i.e. the Director General of Police, Assam Ulubari, Guwahati:781007. JUDGE Comparing Assistant