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2025 DAILYLAW 18117 (GAU)

MANORANJAN CHOUDHURY v. THE STATE OF ASSAM AND 7 ORS.

WP(C)/4784/2024 · 2025-04-24

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010189112024 2025:GAU-AS:5008 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4784/2024 MANORANJAN CHOUDHURY S/O LATE MADAN CH. CHOUDHURY RESIDENT OF BAGHARBARI BYE LANE NO. 1, HOUSE NO. 9A, FRIENDS COLONY, PS SATGAON, PO PANJABARI, 781037 VERSUS THE STATE OF ASSAM AND 7 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR GUWAHATI 06 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI 06 3:THE DIRECTOR GENERAL OF POLICE ASSAM B.K KAKATY ROAD ULUBARI GUWAHATI 07 4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMIN) ASSAM B.K KAKATY ROAD ULUBARI GUWAHATI 07 5:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMN) ASSAM B.K KAKATY ROAD ULUBARI GUWAHATI 07 Page No.# 2/3 6:THE COMMISSIONER OF POLICE GUWAHATI ASSAM 7:THE DISTRICT MAGISTRATE CUM DEPUTY COMMISSIONER KAMRUP (M) LAW AND ORDER DIST KAMRUP M ASSAM 8:THE MOTOR TRANSPORT OFFICER (M.T.O) KAMRUP M ASSA Advocate for the Petitioner : MR. J I BORBHUIYA, MRS. K H CHOUDHURY,MR A HOSSAIN,MR. L MOHAN Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 25.04.2025 Heard Mr. J. I. Borbhuiya, learned counsel for the petitioner. Also heard Mr. R. Talukdar, learned Govt. Advocate for all the respondents. 2. The petitioner is the registered owner of vehicles bearing registration No. AS-01-BY-4577 (Gypsy), AS-23-AC-1969 (Mini Bus), AS-25-Q-2028 (Gypsy), AS- 25-Q-2031 (Gypsy), AS-01-EC-2271 (Mini Bus), AS-01-HC-3429 (Mini Bus), AS- 06-A-4022 (Gypsy), AS-01-F-9650 (Gypsy), AS-01-BY-4630 (Gypsy), AS-14-L- 1733 (Gypsy), AS-15-C-8450 (Mini Bus), AS-25-Q-2712 (Gypsy) and AS-09-E- 9613 (Gypsy), which were hired by the respondents on different dates between the year 2016-2023 for the purpose of maintaining law and order situation. The petitioner thereafter raised his bill amounting to Rs. 1,23,86,900.00/- before the respondents. However, till date, as the said amount has not been paid to the Page No.# 3/3 petitioner, he is before this Court by way of the present writ petition. 3. The respondent No.6 has filed counter affidavit and in paragraph 5, it is stated that out of 81 numbers of hire charge bills, 71 numbers of bills have already been checked and verified with the available records and after completion of verification and observing required formalities, bills amounting to Rs.1,06,01,042/- has been forwarded to the sanctioning authority, i.e., the Assistant Inspector General of Police (Admn), Office of the Director General of Police, Assam, Ulubari, Guwahati for according sanction. Further it is also stated that the remaining 10 numbers of bills amounting to Rs.17,85,858/- are pending for further examination with the concerned records maintained in Motor Transport Branch as it requires further clarification. 4. Mr. R. Talukdar, learned Govt. Advocate appearing on behalf of all the respondents submits that the admitted amount of Rs.1,06,01,042/- has already been forwarded to the sanctioning authority and therefore the respondents may be given sufficient time to pay the same to the petitioner. 5. After hearing the learned counsel for the parties and also taking into consideration the submission made by the learned Govt. Advocate, this writ petition is disposed of directing the respondents to pay the admitted amount to the petitioner within a period of 4(four) months from the date of receipt of a certified true copy of the order of this Court. 6. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant