Page No.# 1/6 GAHC010205582024 2025:GAU-AS:2761 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5169/2024 PRADIP KALITA SON OF LATE ASWINI KALITA, RESIDENT OF- MA CASTLE PARADISE, 6TH FLOOR, FLAT NO. 6-A AND 6-D, KAHILIPARA, P.O.- KAHILIPARA, P.S.- DISPUR, GUWAHATI-19, DISTRICT- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM STATE HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI-7. 4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI-7. 5:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMN) ASSAM Page No.# 2/6 B.K. KAKOTY ROAD ULUBARI GUWAHATI-7. 6:THE COMMISSIONER OF POLICE GUWAHATI KAMRUP(M) ASSAM. 7:THE DISTRICT MAGISTRATE-CUM- DEPUTY COMMISSIONER KAMRUP(M) (LAW AND ORDER) DISTRICT- KAMRUP(M) ASSAM. 8:THE MOTOR TRANSPORT OFFICER (M.T.O.) KAMRUP(M) ASSAM 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 : 17.03.2025 Heard Mr. J. I. Borbhuiya, learned counsel for the petitioner as well as Mr. G. Bokolial, learned Government Advocate, appearing for all the respondents. 2. The petitioner is registered owner of Vehicles bearing registration No. AS-07-P-8801 (Scorpio), AS-23-W-3772 (Innova), AS-11-R-3069 (Innova), AS-01-FW-1495 (Bolero), AS-01-DP-5879 (M/Thar), AS-01-EM-8246 (Innova), AS-01-FT-1366 (Bolero), AS-01-FN-9426 (Innova), AS-22-E-0164 (Bolero), AS- 27-D-0304 (Bolero), AS-01-EA-3495 (Innova) AS-07-Q-2553 (Bolero), AS-01- Page No.# 3/6 EA--3495 (Innova), AS-01-DH-5646 (Innova), AS-11-T-1816 (Bolero), AS-25-P- 2770 (Innova Crysta), AS-25-P-2770 (Innova Crysta), AS-01-BS-9603 (Indigo Tata), AS-08-8465 (Scorpio), AS-22-F-0164 (Bolero), AS-01-FN-9424 (Innova), AS-27-D-0394(Bolero), AS-04-U-5352 (Scorpio), AS-01-DL-1665 (Bolero), AS-01- EA-8495 (Innova), AS-22-F-0164 (Bolero), respectively, which were hired by the respondents on different dates in the year 2019 to 2024 for the purpose of maintaining law and order situation. The petitioner, thereafter, submitted his bill for an amount of Rs.99,29,909/- (Rupees Ninety Nine Lakhs Twenty Nine Thousand Nine Hundred and Nine) only for payment by the respondents. However, till date the said outstanding due to the petitioner is yet to be paid. 3. The Deputy Commissioner of Police (Administration), Guwahati/respondent No. 6 has filed counter affidavit, wherein at Paragraph – 4 & 5, it is stated as under: - “4. That with regard to the statement made in paragraph 3 of the writ petition the answering deponent begs to state that 23 (twenty three) numbers of vehicles vide Registration No. (1) AS-07-P-8801 (Scorpio), (2) AS-23-W-3773 (Innova), (3) AS-11-R- 3069 (Innova), (4) AS-01-FW-1495 (Bolero), (5) AS-01-DP-5879(M/Thar), (6) AS-01- EM-8246 (Innova), (7) AS-01-FT-1366 (Bolero), (8) AS-01-FN-9426 (Innova), (9) AS- 22-F-0164 (Bolero), (10) AS-27-D-0304 (Bolero) (11) AS-01-EA-3495 (Innova), (12) AS-07-Q-2555 (Bolero), (13)AS-01-DH-5646 (Innova), (14) AS-11-T-1816 (Bolero), (15) AS-25-P-2770 (Innova), (16) AS-01-BS-9603 (TATA Indigo), (17) AS-08-8465 (Scorpio), (18) AS-27-D-0394 (Bolero), (19) AS-04-U-5352 (Scorpio), (20) AS-01-DL- 1665 (Bolero), (21) AS-01-EA-8495 (Innova), (22) AS-07-Q-2555 (Bolero) & (23) AS- 01-FN-9424 (Innova) were hired as per the records available for the purposed of maintenance of law & order duty under the provisions of the Assam Requisition and Control of Vehicles ACT, 1968. Page No.# 4/6 5. That with regard to the statement made in paragraphs- 4 & 5 of the writ petition, the answering deponent begs to state that the petitioner has claimed bills amounting to Rs. 99,29,909/- (Rupees Ninety Nine Lacs Twenty Nine thousand Nine hundred and Nine) only on account of hire charges of the above noted vehicles. Considering the claim made by the petitioner in the instant writ petition, the available records were verified and found that petitioner has submitted 57 No's of hire charge bills on various dates for the period from 01-01-2019 to 31-03-2024 as per the rate fixed by the Govt. of Assam Transport Department. It is stated that out of 57 No's of hire charge bills, 21 No's of bills have already been checked and verified with the available records. Thereafter, required formalities were observed for the purpose of submitting proposal to the sanctioning authority. Accordingly, 1 proposal vide No. 6428-6448 (RV) dated 23-12-2024 containing 21 No's of bills, total amounting to Rs. 42,75,912/- (Rupees Forty two Lacs Seventy Five thousand Nine hundred and twelve) only have already 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 and allotment of the fund required to credit the same to the Bank Account of the petitioner. The details of the bill showing proposal number against the bills is furnish hereunder: - PROPOSAL NO. 6428-6448 (RV) dated 23-12-2024 Sl. No. Vehicle No. Type From To Amount in Rs. 1 AS07Q2555 Bolero 25.08.2022 31.12.2022 222202.00 2 AS01DP5879 M/THAR 01.01.2022 30.06.2022 224350.00 3 AS07P8801 Scorpio 20.03.2021 30.06.2021 207970.00 4 AS01DH5646 Innova 01.07.2022 31.12.2022 334720.00 5 AS27D0304 Bolero 01.12.2023 31.12.2023 63296.00 6 AS01DP5879 M/THAR 01.12.2023 31.12.2023 46110.00 7 AS01EM8246 Innova 01.12.2023 31.12.2023 75111.00 8 AS01EA3495 Innova 01.12.2023 31.12.2023 75111.00 Page No.# 5/6 9 AS01EM8246 Innova 01.01.2022 30.06.2022 329263.00 10 AS01EA3495 Innova 01.07.2022 31.12.2022 371520.00 11 AS22F0164 Bolero 01.12.2023 31.12.2023 63296.00 12 AS01DH5646 Innova 01.01.2022 30.06.2022 365463.00 13 AS11T1816 Bolero 01.09.2022 31.12.2022 210146.00 14 AS23W3773 Innova 01.07.2022 31.12.2022 334720.00 15 AS01EA3495 Innova 01.01.2022 30.06.2022 365463.00 16 AS11R3069 Innova 01.12.2023 31.12.2023 67671.00 17 AS11T1816 Bolero 01.12.2023 31.12.2023 63296.00 18 AS01FN9426 Innova 01.12.2023 31.12.2023 67671.00 19 AS22F0164 Bolero 01.10.2023 30.11.2023 124550.00 20 AS23W3773 Innova 01.01.2022 30.06.2022 329263.00 21 AS01EM8246 Innova 01.07.2022 31.12.2022 334720.00 Rs. 4275912.00 The remaining 36 No's of bills amounting to Rs. 56,53,997/- are pending for further examination with the concerned records maintained in the Motor Transport Branch. However, steps will be taken after re-examination with the concerned records. It is further stated that the matter relating to the release of hire charges claim amount always depend on the approval of sanction as well as allotment of fund required from the Sanctioning Authority. However, the required sanction and allotment of fund against the above noted proposal is yet to be received. Once sanction as well as allotment of fund received, steps will be taken to credit the amount to the bank account of the petitioner maintained in the concerned bank.” 4. Considering the averments made in Paragraph – 4 & 5 of the affidavit-in-opposition filed by the respondent No. 6, this writ petition is disposed of directing the respondents to have a verification with regard to the outstanding bills claimed by the petitioner and thereafter, on verification, if the claim of the petitioner is found to be admitted, the same shall be paid to the Page No.# 6/6 petitioner within period of 4 (four) months from the date of receipt of a certified true copy of the Order of this Court. 5. With the above observations and directions, this writ petition is dispose of. JUDGE Comparing Assistant