Page No.# 1/5 GAHC010198312024 2025:GAU-AS:12998 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4941/2024 AKHTAR HUSSAIN S/O- LATE MAHAMED ABDUL, R/O- WARD NO. 14, KHELMATI, P.S.- NORTH LAKHIMPUR, P.O.- KHELMATI, DISTRICT- LAKHIMPUR, ASSAM, PIN- 787031. OWNER OF M/S A.H. ENGINEERING WORKSHOP, SITUATED AT WARD NO.12, P.S.- NORTH LAKHIMPUR, DIST.- LAKHIMPUR (ASSAM). VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI- 781007. 3:THE ASSISTANT INSPECTOR GENERAL OF POLICE (A) ASSAM ULUBARI GUWAHATI- 07. 4:THE SUPERINTENDENT OF POLICE LAKHIMPUR NORTH LAKHIMPUR PIN- 787001. Page No.# 2/5 5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 6:THE M.T.O. POLICE RESERVED LAKHIMPUR NORTH LAKHIMPUR PIN- 787001 For the Petitioner(s) : Mr. A. Khanikar, Advocate For the Respondent(s) : Ms. U. Das, Addl. Sr. Government Advocate Date of Hearing : 19.09.2025 Date of Judgment : 19.09.2025 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH JUDGMENT AND ORDER (ORAL) Heard Mr. A. Khanikar, the learned counsel appearing on behalf of the Petitioner and Ms. U. Das, learned Additional Senior Government Advocate appearing on behalf of the Respondents. 2. The instant petition has been filed being aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the admitted amount of Rs.19,23,084/- to the Petitioner. 3. The case of the Petitioner herein is that he is a businessman by profession and the owner of M/s A.H. Engineering Workshop, situated at Ward No.12, Lakhimpur, North Lakhimpur, which deals with automobile works. The learned counsel for the Petitioner submitted that the concerned Page No.# 3/5 authority issued a Trade License dated 10.09.2022 under Section 229(1) of the Assam Municipal Act, 1956 and that the Deputy Inspector General of Police (MPC), Assam, Guwahati, issued a provisional Registration Certificate dated 04.01.2021, registering the Petitioner as a contractor of Assam Police under Group-C (for purchase of spare parts and repair of vehicles). 4. The learned counsel for the Petitioner further submitted that for the smooth functioning of official work and to meet official requirements and pursuant to the requisition of the Respondent Departments, the Petitioner duly supplied spare motor parts and carried out repairs of the departmental vehicles during the period from 2016 to 2024. It is submitted that upon completion of the said works, the Petitioner duly submitted bills amounting to Rs.19,23,084/- along with the necessary documents before the Respondent Authorities. 5. The learned counsel for the Petitioner submitted that the bill amount of Rs.19,23,084/- has been duly admitted by the Respondent Authorities; however, despite such admission, the said amount has not been released by them. In addition to that, the learned counsel for the Petitioner further submitted that the Petitioner had also submitted representations before Respondent authorities for release of the bill amount, however the said amount is still pending, for which the Petitioner has approached this Court under Article 226 of the Constitution of India. 6. An affidavit-in-opposition has been filed by Respondent No.4. In the said affidavit-in-opposition, it has been stated that out of the total amount of Page No.# 4/5 Rs.19,23,084/-, a sum of Rs.1,34,020/- was paid to the Petitioner in the Financial Year 2017-18 and Rs.2,12,750/- was paid in the Financial Year 2019-20 against the supply of spare motor parts and repair of departmental vehicles of Lakhimpur DEF. Accordingly, the outstanding liability at present stands at Rs.15,76,314/- instead of Rs.19,23,084/-. Paragraph No.8 of the said affidavit-in-opposition being relevant is reproduced herein under: “8. That with regard to the statement made in paragraph No. 13 of the writ petition, the answering deponent has no comment to offer. The answering respondent begs to state that out of Rs.19,23,084/- (Rupees Nineteen Lakh twenty three thousand eighty four) only, the petitioner was paid an amount of Rs.1,34,020.00 (Rupees One Lakh thirty four thousand twenty) only in the Financial Year 2017-18 and Rs. 2,12,750/- (Two Lakh twelve thousand seven hundred and fifty) only in the financial year 2019-2020 against the supply of Spare Motor Parts and Repairing of departmental vehicles of Lakhimpur DEF. Hence total outstanding liabilities at present is Rs.15,76,314.00 (Rupees fifteen lakh seventy six thousand three hundred fourteen) only instead of Rs. 19,23,084/- (Rupees Nineteen Lakh twenty three thousand and eighty four) only.” 7. 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.15,76,314/-. 8. Accordingly, the writ petition is disposed of with the following observations and directions:- (i) The Petitioner is entitled to the amount of Rs.15,76,314/- as admitted by the Respondents. Page No.# 5/5 (ii) The said amount of Rs.15,76,314/- be paid to the Petitioner after making such statutory deductions, if any, within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the Respondent No.2, i.e. the Director General of Police, Ulubari, Guwahati. (iii) 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