Extracted from the PDF above. The PDF is authoritative.
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2025:GAU-AS:13131
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3712/2025 LOHIT CH DAS S/O- LATE P.C DAS, R/O-BARPARA, P.O, P.S AND DIST-BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND ORS REP BY COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HOME DEPARTMENT, GUWAHATI-06, ASSAM 2:THE BODOLAND TERRITORIAL AUTONOMOUS COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY BTAD BODOFA NWGWR KOKRAJHAR BTR ASSAM 3:THE ADDL. CHIEF SECRETARY TO THE GOVT OF ASSAM HOME DEPARTMENT GUWAHATI ASSAM 4:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM STATE HOME DEPARTMENT GUWAHATI ASSAM 5:THE DIRECTOR GENERAL OF POLICE ULUBARI
Page No.# 2/4 GUWAHATI-07 6:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMIN) ULUBARI GUWAHATI-07 7:THE SUPERINTENDENT OF POLICE CHIRANG ASSAM 8:THE DISTRICT MAGISTRATE CUM DISTRICT COMMISSIONER CHIRANG ASSAM 9:THE M.T.O CHIRANG 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. The case of the petitioner herein is that the petitioner is a registered owner of the vehicle bearing Registration No.AS-19N-1314 (Innova). The respondent authorities hired the vehicle of the
Page No.# 3/4 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.31,29,038.13/-. However, the said amount has not been paid to the petitioner. 3. 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.31,29,038.13/- 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 prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition. 4. 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.31,42,118/-. The details can be seen in paragraph No.5 of the said affidavit-in-opposition which being relevant is reproduced herein under:-
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“5. That with regard to the statement made in Paragraphs 5 and 6 of the Writ Petition, the answering Deponent states that it is a fact that the competent authority hired the vehicle from the above petitioner from 2019 to 2024 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.31,42,118/- (Rupees Thirty One Lakh Forty Two Thousand One Hundred Eighteen) only.”
5. Upon perusal of the materials on record, and more particularly the paragraph quoted above, it would be seen that the respondents, therefore, admit that the petitioner is entitled to the amount of Rs.31,42,118/-. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioner is entitled to the amount of Rs.31,42,118/- as admitted by the respondents. ii) The said amount of Rs.31,42,118/- 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.5, i.e. the Director General of Police, Assam, Ulubari, Guwahati. JUDGE Comparing Assistant