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2025 DAILYLAW 18954 (GAU)

ABDUL HALIM SK v. THE STATE OF ASSAM AND 2 ORS

WP(C)/5083/2024 · 2025-02-13

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010202702024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5083/2024 ABDUL HALIM SK S/O- SOBDER ALI, R/O- VILLAGE- CHARKASHARIPARA, P.O.- FULERCHAR, P.S.- SUKCHAR, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM, PIN CODE- 783135. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PERSONNEL (B) DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR DISTRICT P.O.- HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN CODE- 783135. 3:THE DISTRICT ELECTION OFFICER SOUTH SALMARA MANKACHAR DISTRICT P.O.- HATSINGIMARI DIST.- SOUTH SALMARA MANKACHAR ASSAM PIN CODE- 783135 Page No.# 2/4 Advocate for the Petitioner : MR R ISLAM, S PAUL,MS. A HUSSAIN Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 14.02.2025 Heard Mr. A. Hussain, learned counsel for the petitioner. Also heard Ms. U. Das, learned Government Advocate, Assam. 2. By filing this writ petition, the petitioner seeks the release of the admitted amount of Rs. 6,91,494/- (Rupees Six Lakhs Ninety-One Thousand Four Hundred and Ninety-Four), which is due to be paid to him by the authorities for the vehicle hired by them as per their requirement. 3. It appears that the petitioner is the registered owner of a vehicle bearing registration No.AS-01 EM-4960 (Bolero), which was hired by the respondents with effect from 23.01.2022 for Election Officer, South Salmara and the said vehicle was subsequently released on 14.09.2023. It further appears that the petitioner submitted his bill after the release of his vehicle, which is amounting to Rs. 6,91,494/- (Rupees Six Lakhs Ninety-One Thousand Four Hundred and Ninety-Four). Since no payment was made, the petitioner has filed the instant writ petition. Page No.# 3/4 4. This Court by order dated 30.09.2024 had issued notice to the respondents. However, till date no affidavit has been filed by the Authorities disputing the claim made by the petitioner. 5. The petitioner’s counsel submits that a direction should be issued to the respondents to pay to the petitioner the above said bills amounting to Rs. 6,91,494/- (Rupees Six Lakhs Ninety-One Thousand Four Hundred and Ninety- Four), inasmuch as, the said amount is an admitted amount. 6. This Court by order dated 30.09.2024 had issued notice and permitted the respondents to complete their instructions in the matter. 7. Ms. U. Das, learned Government Advocate, Assam submits that she has not received instructions till date. 8. Learned counsel for the parties have been heard. Pleadings on records are perused. 9. Considering the submissions made by learned counsel for the parties, this Court is of the view that this matter need not be kept pending for want of instructions. Accordingly, the matter can be disposed of by directing the authorities concerned, more particularly, the respondents no.2 and 3 to examine the claims raised by the petitioner and if it is found to be correct, then the same should be released by following the guidelines laid down in Tamsher Ali Vs. State of Assam and Ors, reported in 2008 (4) GLT 1. The entire exercise of Page No.# 4/4 verification and payment of the admitted amount should be completed by the respondents as expeditiously as possible preferably within outer limit of 3 (three) months from the date of receipt of a certified copy of this order. 10. In terms of the above directions this writ petition is disposed of in terms of the decision of the Full Bench of this Court in the case of Tamsher Ali (supra). JUDGE Comparing Assistant