Page No.# 1/4 GAHC010144762024 2025:GAU-AS:10865 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3657/2024 M/S BHOLA SAH A PROPRIETORSHIP FIRM HAVING ITS REGISTERED OFFICE AT ABC, TARUN NAGAR, GUWAHATI- 781005, ASSAM, REPRESENTED BY ITS PROPRIETOR BHOLA SAH (AGED ABOUT 35 YEARS), SON OF SRI RAJ NARRAYAN SAH, RESIDENT OF HOUSE NO. 19, BYE LANE NO.3, ABC, TARUN NAGAR, GUWAHATI- 781005, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI- 781006, DISTRICT- KAMRUP, ASSAM 2:THE COMMISSIONER OF POLICE PANBAZAR GUWAHATI- 781001 DISTRICT- KAMRUP (M) ASSAM 3:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI- 781007 DISTRICT- KAMRUP (M) ASSAM 4:THE MOTOR TRANSPORT OFFICER POLICE RESERVE BIRUBARI GUWAHATI- 781016 DISTRICT- KAMRUP (M) Page No.# 2/4 ASSAM 5:THE DEPUTY COMMISSIONER KAMRUP METROPOLITAN DISTRICT GUWAHATI PIN- 781001 ASSAM 6:THE ADDITIONAL DISTRICT MAGISTRATE GUWAHATI- 781001 DISTRICT- KAMRUP (M) ASSAM 7:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006 DISTRICT- KAMRUP ASSA For the Petitioner(s) : Mr. T. K. Mishra, Advocate For the Respondent(s) : Mr. M. Chetia, Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 13.08.2025 The instant petition has been filed being aggrieved by the inaction on the part of the respondent authorities in not making payment of the bills of the petitioner. 2. It is the case of the petitioner that the petitioner is a proprietorship firm and the owner of a vehicle bearing registration No. AS-01-EM-6966 (Maruti EECO). The said vehicle was requisitioned and provided to the Kamrup Metropolitan District Administration on hire from 15.10.2020 to Page No.# 3/4 16.11.2023, covering a period of 1,128 days. The hiring of the said vehicle was pursuant to orders issued from time to time by the Motor Transport Officer, Police Reserve, and the Additional District Magistrate, Kamrup (Metro). 3. The learned counsel for the petitioner submits that the petitioner submitted bills amounting to Rs. 11,53,928/-, which were duly received by the Office of the Respondent No. 2, i.e., the Commissioner of Police, Guwahati, Assam. As no positive response was forthcoming from the respondent authorities, the petitioner made several representations requesting release of the aforesaid amount. However, the said amount of Rs. 11,53,928/- remains unpaid. Consequently, the petitioner has approached this Court under Article 226 of the Constitution of India. 4. This Court further takes note of that an affidavit-in-opposition has been filed by the respondent No.2. In the said affidavit-in-opposition, it is mentioned that the petitioner had submitted nine numbers of hire charges bills claiming an amount of Rs.11,53,928/- as outstanding for the period from 15.10.2020 to 16.11.2023. The petitioner had submitted three numbers of declaration certificates expressing his willingness to deduct 20% charges from the amount of hire charges in respect to three bills. However, in respect to the six numbers of bills, the petitioner had not submitted any such declaration. It has been further stated in the said affidavit-in-opposition that after deduction of 20% on the hire charges in respect to the three bills, the petitioner is entitled to an amount of Rs.3,75,132/-. It is also mentioned in the said affidavit-in-opposition that in respect to the six numbers of bills, the petitioner is entitled to an amount of Rs.7,07,162/-. Further to that, at paragraph No.5 of the said Page No.# 4/4 affidavit-in-opposition, it has also been mentioned that these proposals have been sent to the sanctioning authority but the sanction having not been received, the payments could not be made. 5. This Court duly takes note of that from the affidavit-in-opposition filed by the respondent No.2, it is therefore clear that the petitioner is entitled to an amount of Rs.3,75,132/- and Rs.7,07,162/- totaling to Rs.10,82,294/- and as such, appropriate directions are therefore required to be issued upon the respondent authorities to disburse the said amount to the petitioner. 6. Accordingly, the instant petition stands disposed of with the following observations and directions: (i) The respondent authorities shall disburse the amount of Rs. Rs.3,75,132/- and Rs.7,07,162/- totaling to Rs.10,82,294/- to the petitioner after making such statutory deductions, if so required, within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.3. (ii) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioner shall be set off while making payment to the petitioner. JUDGE Comparing Assistant