Page No.# 1/5 GAHC010142132025 2025:GAU-AS:13130 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3681/2025 GOBIND AGARWAL S/O- BAJRANG AGARWAL, R/O- FAKIRAGRAM, WARD NO-6. P.O- FAKIRAGRAM, DIST- KOKRAJHAR, BTR, ASSAM VERSUS THE STATE OF ASSAM AND 6 OTHERS REP BY THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM, STATE HOME DEPARTMENT, GUWAHATI, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 3:THE BODOLAND TERRITORIAL AUTONOMOUS COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY BTAD BODOFA NWGWR KOKRAJHAR BTR ASSAM 4:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-07 5:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMIN) ULUBARI GUWAHATI-07 Page No.# 2/5 6:THE DISTRICT COMMISSIONER KOKRAJHAR BTR ASSAM 7:THE SUPERINTENDENT OF POLICE KOKRAJHAR ASSA B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. JI Borbhuiyan Advocates for the respondent(s) : Ms. U Das Addl. Senior Govt. Advocate Date of hearing & judgment : 22.09.2025 JUDGMENT & ORDER(ORAL) Heard Mr. JI Borbhuiyan, the learned counsel appearing on behalf of the petitioner. Ms. U Das, the learned Addl. Senior Govt. Advocate, Assam appears on behalf of the respondents. 2. Ms. U Das, the learned Additional Senior Government Advocate, Assam submits that taking into account the name of the petitioner in WP(C)No.3679/2025 and WP(C)No.3681/2025 being the same, the affidavit which was to be filed in WP(C)No.3679/2025 has been filed in WP(C)No.3681/2025 and the affidavit which was supposed to be filed in WP(C)No.3679/2025 has been filed in WP(C)No.3681/2025. 3. Ms. U Das, the learned Additional Senior Government Advocate, Page No.# 3/5 Assam, therefore submits that the affidavit which has been filed in WP(C)No.3679/2025 be taken as the affidavit filed in WP(C)No.3681/2025 and the affidavit which has been filed in WP(C)No.3681/2025 be taken as the affidavit filed in WP(C)No.3679/2025. 4. The case of the petitioner herein is that the petitioner is a registered owner of the vehicle bearing Registration No.AS14E0054 (TATA SUMO GOLD AC), AS01AX8487 (TATA SUMO GOLD AC), AS01AG0558 (TATA SUMO VICTA AC) respectively. The respondent authorities hired the vehicles of the petitioner on different dates for their emergency use. Thereafter, the petitioner submitted the total bill along with the original hiring orders before the authorities for making payment of his dues amounting to Rs.5,63,006.00/-. However, the said amount has not been paid to the petitioner. 5. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter delinquently with the respondents, but the respondent authorities have not shown any interest in making the payment of the admitted amount of Rs.5,63,006.00/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the respondent authorities have failed to discharge their duty in accordance with law and the same has caused Page No.# 4/5 prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition. 6. Ms. U. Das, the learned Additional Senior Government Advocate has placed before this Court an affidavit-in-opposition filed by the respondent No.7. From a perusal of the said affidavit-in-opposition, it is seen that the respondent authorities have admitted their liability of an amount of Rs.5,63,006.00/-. The details can be seen in paragraph Nos.6 and 11 of the said affidavit-in-opposition which being relevant are reproduced herein under:- “6. That with regard to the statement made in paragraphs 5 and 6 of the writ petition, the answering deponent begs to state that the competent authority hired the vehicles from the above petitioner for the use of this respondent for the interest of public service and maintaining the law & order situation. However, this respondent has no authority to sanction the hired charge bills and accordingly all hired charge bills were forwarded to the O/O Assam Police Headquarters, Ulubari, Guwahati in different occasion through memos for according necessary sanction and release of fund for total admissible amount of Rs.5,46,182/- (Rupees Five Lakhs Forty Six Thousand One Hundred and Eighty Two only). 11. That with regard to the statement made in paragraph 5 of the writ petition, the answering deponent begs to state that this respondent is duty bound to disburse the hired charges as soon as the admissible fund is sanctioned and released from the Higher Authority subject to final verification of the actual claim of the petitioner.” 7. Upon perusal of the materials on record, and more particularly the paragraphs quoted above, it would be seen that the respondents, therefore, admit that the petitioner is entitled to the amount of Page No.# 5/5 Rs.5,46,182/-. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioner is entitled to the amount of Rs.5,46,182/- as admitted by the respondents. ii) The said amount of Rs.5,46,182/- be paid to the petitioner within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.4, i.e. the Director General of Police, Assam, Ulubari, Guwahati. JUDGE Comparing Assistant