Page No.# 1/4 GAHC010108092021 2025:GAU-AS:2436 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3690/2021 GOBIND AGARWAL AND 3 ORS S/O BAJRANG AGARWAL, R/O VILL. FAFIRGRAM , P.O. FAKIRAGRAM, P.S. FAKIRAGRAM, DIST. KOKRAJHAR, BTAD, ASSAM 2: MAINA AGARWAL W/O BAJRANG AGARWAL R/O VILL. FAFIRGRAM P.O. FAKIRAGRAM P.S. FAKIRAGRAM DIST. KOKRAJHAR BTAD ASSAM 3: PAYAL AGARWAL D/O BAJRANG AGARWAL R/O VILL. FAFIRGRAM P.O. FAKIRAGRAM P.S. FAKIRAGRAM DIST. KOKRAJHAR BTAD ASSAM 4: BAJRANG AGARWAL S/O PULCHAND AGARWAL R/O VILL. POCHAGARH FAKIRGRAM P.O. FAKIRAGRAM P.S FAKIRAGRAM DIST. KOKRAJHAR BTAD ASSA VERSUS THE STATE OF ASSAM AND 10 ORS Page No.# 2/4 REP .BY THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM, HOME DEPTT. DISPUR, GUWAHATI-6 2:THE BODOLAND TERRITORIAL AUTONOMOUS COUNCIL REP. BY PRINCIPAL SECRETARY BTAD KOKRAJHAR ASSAM 3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-6 4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI-6 5:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI-7 6:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI-7 7:THE ADDITIONAL DIRECTOR GENERAL OF POLICE BTAD KOKRAJHAR ASSAM 8:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMN.) ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI-7 9:THE SUPERINTENDENT OF POLICE KOKRJHAR ASSAM 10:THE DISTRICT MAGISTRATE CUM DEPUTY COMMISSIONER KOKRAJHAR LAW AND ORDER DIST. -KOKRAJHAR Page No.# 3/4 ASSAM 11:THE MOTOR TRANSPORT OFFICER (MTO) KOKRAJHAR ASSA Advocate for the Petitioner : MR. J I BORBHUIYA, MRS. K H CHOUDHURY,MS F BEGUM,MR. L MOHAN Advocate for the Respondent : GA, ASSAM, SC, BTC BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 07.03.2025 Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner. Also heard Ms. U. Das, learned counsel for the respondents No. 1 to 10 and Ms. R.B. Bora, learned counsel for the respondent No.11. 2. By filing this petition, the petitioners have prayed for a direction to the respondent authorities to release the outstanding amount of Rs.25,25,040/- (rupees twenty five lakhs twenty five thousand forty) only for the higher charges of the vehicle of the petitioners. 3. The petitioners are the owners of the vehicles namely- Bolero Tata Sumo, which are registered under Assam Motor Vehicles Act. The petitioners are running the business of providing vehicles in the North Eastern Region on hire basis. 4. The vehicle of the petitioners were hired by the respondent authorities for maintaining law and order situation, NRC duty etc. during the period 2014-21 on different dates, and thereafter, the vehicles were utilized by the respondent authorities. 5. The petitioners have submitted the bill amount of Rs.25,25,040/- for the higher charges before the respondent authorities. However, the respondent authorities have failed to pay the bill. 6. Mr. J.I. Borbhuiya, learned counsel for the petitioners submits that since the claim amount of Rs.25,25,040/- is an admitted amount, there is no reason as to why the respondent authorities should not be directed to pay the said amount. Page No.# 4/4 7. Ms. U. Das, learned counsel for the respondent on the other hand, submits that the petitioner has not submitted any additional bills as per the revised rate, therefore, the claim of the petitioner of Rs.25,25,040/- is not admitted and the petitioner is entitled to only an amount of Rs.3,98,986/- out of which, Rs.2,38,210/- is under process and Rs.1,60,776/- would be processed subject to submission of bills as per the revised rate. 8. Having considered that the admitted bill amount is of Rs.3,98,986/-, out of which Rs.1,60,776/- is required to be processed subject to submission of the bills under revised rate, I am of the considered view that the writ petition be disposed of with a direction to the respondents to release the admitted amount of Rs.2,38,210/- within a period of 4 (four) months from today. 9. The petitioner may submit the bill as per the revised rate in respect of Rs.1,60,776/-. On such submission, the respondent authorities shall process and pay the bill within a period of two months from the date of receipt of the bills as per the revised rate. 10. Needless to say that since the petitioners have claimed for Rs.25,25,040/-, the petitioner is at liberty to recourse to the appropriate remedy as may be permissible under the law. 11. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant