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2025 DAILYLAW 17714 (GAU)

GUNINDRA SARMA v. THE STATE OF ASSAM AND 2 ORS

WP(C)/4748/2023 · 2025-03-16

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010181712023 2025:GAU-AS:2759 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4748/2023 GUNINDRA SARMA S/O- MAHESH SARMA, R/O- BATAHGHULI PANJABARI, BHUPENDRA PATH, HOUSE NO. 12, WARD NO 53, GUWAHATI, DIST.- KAMRUP(M). VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI DIST. KAMRUP(M). 3:THE COMMISSIONER OF POLICE GUWAHATI DIST.- KAMRUP(M) ASSAM Advocate for the Petitioner : MR. S BORTHAKUR, MS. S KAKATI,MS. M. KONYAK. W Advocate for the Respondent : GA, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 17.03.2025 1. Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Additional Senior Government Advocate appearing on behalf of all the respondents. 2. The petitioner is the owner of Maruti Van bearing Registration No. AS-01- BR-8613 and his vehicle was requisitioned by the Commissioner of Police, Guwahati City for maintenacne of law and order for the period 01.01.2017 to 03.03.2019. Thereafter, the petitioner submitted the bill before the Commissioner of Police, Guwahati City/Respondent No. 3 for making payment for a total amount of Rs.4,30,631/-. However, till date, the total outstanding dues of Rs.4,30,631/- is yet to be paid to the petitioner. Being aggrieved, the petitioner is before this Court by way of the present writ petition. 3. Mr. K. Gogoi, learned Additional Senior Government Advocate on the basis of instructions submitted by the Deputy Commissioner of Police (Crime), Guwahati dated 29.09.2023, submits that the bills received from the petitioner have been forwarded to the sanctioning authority after deduction of the declared amount of 20% (twenty per cent) for according sanction. 4. This Court has considered the instructions submitted by the Deputy Commissioner of Police (Crime), Guwahati, wherein the details forwarded to the sanctioning authority are given and the same reads as under: Page No.# 3/3 PROPOSAL NO.-149-153 (RV) dated 07.08.2023 Sl No. Vehicle No. Type of Vehicle Period Amount 1. AS-01-BR- 8613 M/Van 01.07.2018 31.12.2018 Rs. 155812.00 2. AS-01-BR- 8613 M/Van 01.02.2019 03.03.2019 Rs. 26250.00 3. AS-01-BR- 8613 M/Van 01.01.2019 31.01.2019 Rs. 26250 PROPOSAL NO.-574 (RV) dated 08.09.2023 4. AS-01-BR- 8613 M/Van 01.01.2017 30.06.2017 Rs. 153271.00 5. Considering the instructions submitted by the learned Additional Senior Government Advocate, this writ petition is, accordingly, disposed of directing the respondents to have a verification of the bills submitted by the petitioner with regard to the hiring of his Maruti Van by the Office of the Commissioner of Police, Guwahati City. Thereafter, on verification, if the amount claimed by the petitioner is admitted, the same shall be paid to the petitioner within a period of 4 (four) months from the date of receipt of a certified true copy of this order. 6. With the above observations and directions, this writ petition is disposed of. 7. The instructions dated 29.09.2023 is placed on record. JUDGE Comparing Assistant