MD. MANOWAR HUSSAIN v. THE STATE OF ASSAM AND 8 ORS
WP(C)/2685/2024 · 2025-04-08
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 12288 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12288 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010100612024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2685/2024 MD. MANOWAR HUSSAIN S/O- LATE JABBAR ALI, R/O- VILLAGE SANIADI, HAJO, P.O- SANIADI, P.S- HAJO, DIST- KAMRUP(R), ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT
DISPUR GUWAHATI- 781006. 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM STATE HOME DEPARTMENT
DISPUR GUWAHATI- 781006. 4:THE DIRECTOR GENERAL OF POLICE ASSAM B.K KAKOTY ROAD
Page No.# 2/4 ULUBARI GUWAHATI- 781007. 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMIN) ASSAM B K KAKOTY ROAD
ULUBARI GUWAHATI- 781007. 6:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMIN) ASSAM B K KAKOTY ROAD ULUBARI GUWAHATI- 781007. 7:THE COMMISSIONER OF POLICE GUWAHATI ASSAM 8:THE DISTRICT MAGISTRATE CUM DEPUTY COMMISSIONER DIST- KAMRUP (M) (LAW AND ORDER) ASSAM 9:THE MOTOR TRANSPORT OFFICER (MTO) KAMRUP (M) ASSA Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,MR. L MOHAN,MRS. K H CHOUDHURY Advocate for the Respondent : GA, ASSAM,
Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 09.04
.2025 Heard Mr. J. I. Borbhuiya, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Addl. Senior Government Advocate for the State. The petitioner is aggrieved by non-payment of bills in respect of higher charges by the respondents amounting to Rs. 15,81,181/- against vehicle No. AS-09C-4910. The respondents filed an affidavit where there is a clear averment at paragraph 4 onwards that the petitioner is entitled to be paid the amount of Rs.15,81,181. The said amount is put up for sanction of funds by way of two proposals being Proposal No. 5185-5199 (RB) dated 13.09.2024 for the total amount of Rs. 15,23,786/- and Proposal No.5217 (RV) dated 20.09.2024 for an amount of Rs. 57,396/- are being put up. There is an averment in the affidavit that as soon as the sanction and allotment of the fund against the each of the proposal is received by the sanctioning authority required steps will be taken to have the amounts credited to the bank account of the writ petitioner.
In view of the averments made in the affidavit and upon due consideration of the submissions made by the learned counsel of the parties, this Court is of the view that the writ petition can be closed with a direction to the respondents
Page No.# 4/4 to ensure that the proposals put up shall duly sanction and the funds as and when received will be credited to the bank account of the writ petitioner. With the above observations the writ petition stands closed. It is expected that the claims of the petitioner should be settled as expeditiously as possible within the outer limit of 120 days from the date of receipt of certified copy of this order. JUDGE Comparing Assistant