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2025 DAILYLAW 16648 (GAU)

HARAMOHAN SIKDAR v. THE STATE OF ASSAM AND 3 ORS

WP(C)/4155/2024 · 2025-01-26

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010165452024 2025:GAU-AS:814 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4155/2024 HARAMOHAN SIKDAR S/O- LT. BRAJA BASHI SIKDAR, VILL.- KONWARPUR, P.O. KALAKHOWA, P.S.- LALUK, DIST.- LAKHIMPUR, ASSAM, PIN- 787023 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF HOME (A), DISPUR, GUWAHATI-06 2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-7 3:THE ASSTT. INSPECTOR GENERAL OF POLICE (A) ASSAM ULUBARI GUWAHATI-7 4:THE SUPERINTENDENT OF POLICE LAKHIMPUR NORTH LAKHIMPUR PIN- 78703 Advocate for the Petitioner : MR. M A SHEIKH, MS. A BEGUM,MR M H CHOUDHURY,MS F INTAZ Advocate for the Respondent : GA, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 27.01.2025 Heard Mr. M. H. Choudhury, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned Government Advocate, appearing on behalf of all the respondents. 2. By way of the present writ petition, the petitioner is claiming the outstanding hiring charges amounting to Rs.9,61,290/- (Rupees Nine Lakh Sixty One Thousand Two Hundred Ninety) from the respondents. 3. The respondent No. 4/the Superintendent of Police (HQ), has filed an affidavit-in-opposition and in Para- 4, it is stated as under: - “4. That with regards to the statements made in paragraph no.4 of the writ petition the deponent begs to state that the vehicle bearing registration No. AS 07- N/ 0455 was hired w.e.f. 01-10-2021 to 28-10-2021 i.e. 37 months 13 days for Law & order duty at Bongalmora Out Post in Lakhimpur District. An amount of Rs. 7,97,391/- (Rupees Seven Lakh Ninety Seven thousand Three hundred Ninety One) only is pending for payment to the owner of the vehicle instead of Rs. 9,61,290/- (Rupees Nine Lakh Sixty One thousand Two hundred Ninety) only. Earlier all the hire charges bill of the petitioner were submitted to A.P. (Head Quarter) Guwahati vide this office Memo No. NL/MT(L)/2022/Hire Charge Bill/116 dated 26-12-2022. Later, the bills were again submitted to the Asstt. Inspector General of Police (A), Assam, Guwahati vide this office Memo No. SP/LML/MT/Hire Charge Bill/2024/201 dated 21-08-2024 showing the Government releases the fund.” Page No.# 3/3 Further, in Para- 6, it is stated as under:- “6. That with regards to the statement made in paragraph no. 6 of the writ petition the deponent states that this paragraph is not true. And further, states that the total unpaid balance amount is of Rs. 7,97,391/- (Rupees Seven Lakh Ninety Seven thousand and Three hundred Ninety One) only.” 4. A consideration of the averments made in Para- 4 & 6 of the affidavit-in- opposition, clearly indicates that the respondents are admitting to an amount of Rs.7,97,391/-(Rupees Seven Lakh Ninety Seven Thousand Three Hundred Ninety One) as the outstanding due to the petitioner. 5. Mr. M. Chetia, learned Government Advocate, appearing on behalf of all the respondents submits that as amount of Rs.7,97,391/-(Rupees Seven Lakh Ninety Seven Thousand Three Hundred Ninety One) is already admitted, the respondents may be allowed some time to clear the said admitted amount. 6. After hearing the learned counsel for the parties and particularly taking into consideration that an amount of Rs.7,97,391/-(Rupees Seven Lakh Ninety Seven Thousand Three Hundred Ninety One) is an admitted amount payable to the petitioner, this writ petition is disposed of directing the respondents to pay the admitted amount of Rs.7,97,391/-(Rupees Seven Lakh Ninety Seven Thousand Three Hundred Ninety One) to the petitioner within a period of 3 (two) months from the date of receipt of a certified copy of this Court’s order. 7. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant