Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010231882024
2025:GAU-AS:10583
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5866/2024 DOLLY KAUR DAS W/O- LATE BISWAJIT DAS, R/O- H.NO-62, VOLTAS LANE, GANDHI BASTI, GUWAHATI, DIST- KAMRUP (M), ASSAM,PIN-781003 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HOME DEPARTMENT, DISPUR, ASSAM SECRETARIAT, P.O- ASSAM SACHIVALAYA, GUWAHATI-781006 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-07 KAMRUP METRO 3:THE COMMISSIONER OF POLICE GUWAHATI DIST- KAMRUP (M) ASSA For the Petitioner(s) : Mr. A. K. Gogoi, Advocate
For the Respondent(s) : Mr. M. Chetia, Government Advocate
Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 11.08.2025
Heard Mr. A. K. Gogoi, the learned counsel appearing on behalf of the petitioner and Mr. M. Chetia, the learned 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 bills of the petitioner. 3. The case of the petitioner herein is that the petitioner is the owner of three vehicles, namely, a Mahindra Bolero, a Maruti Van, and a Maruti Eeco, which are registered with the District Transport Officer (R&L), Kamrup (M). The learned counsel for the petitioner submits that Respondent No. 3 engaged the aforesaid vehicles on a hire basis on 11.08.2018, 13.12.2019, 01.01.2021, 01.01.2022, 01.07.2022, 01.01.2023, 01.10.2023, 01.12.2023 and 01.01.2024, and that all the vehicles are still in service with the respondent authorities. After providing the vehicles on hire, the petitioner submitted the bills along with copies of the hire charge records, card diaries, and relevant vehicle documents to the Respondent No. 3 through the Motor Transport Officer, Police Reserve, Guwahati, seeking payment of a total sum of Rs.7,53,302/-. 4. It is the further case of the petitioner that the aforesaid amount has been duly verified by the respondent authorities; however, despite such
Page No.# 3/5 verification, the admitted bill amount has not been released to the petitioner. It is the case of the petitioner that the petitioner had submitted various representations to the respondent authorities for release of the amount however the said amount of Rs.7,53,302/- is still pending, for which the petitioner has approached this Court under Article 226 of the Constitution. 5. Mr.
M. Chetia, the learned Government Advocate during the course of the hearing has placed before this Court an instruction issued by the Deputy Commissioner of Police (Crime), Guwahati dated 30.06.2025. The said instruction is kept on record and marked with the letter “X”. 6. From the contents of the said parawise comments, it is seen that after due verification, the respondents have admitted that the petitioner is entitled to an amount of Rs.5,24,622/-, Rs.23,550/- and Rs.2,05,128/-. Paragraph No.3 of the said parawise comments being relevant is reproduced herein under:
“3. That with regard to the statement made in paragraph-4 of the writ petition, the answering deponent begs to state that considering the claimed of outstanding hire charges bills amount of Rs.7,53,302/- made by the petitioner in the instant writ petition, the available records were scrutinized and found as follows: Sl. No. Registration No. Type of Vehicle From To Amount in Rs. 1 AS-01-EQ-8393 M/Ecco 01.07.2022 31.12.2022 185564/- 2 AS-01-EQ-8393 M/Ecco 01.01.2022 31.06.2022 182538/- 3 AS-01-EQ-8393 M/Ecco 01.12.2023 31.12.2023 37516/- 4 AS-01-EQ-8393 M/Ecco 01.01.2023 31.03.2023 90766/- 5 AS-01-BJ-1405 M/Van 01.01.2021 28.01.2021 28238/- Total Amount 524622/-
Page No.# 4/5
Sl. No. Registration No. Type of Vehicle From To Amount in Rs. 1 AS-01-JC-1546 Bolero 13.12.2019 31.12.2019 23550/- Total Amount 23550/-
The above-mentioned 6 (six) bills have already been forwarded to the Sanctioning Authority vide Proposal Nos. 6796-6800 (RV) & 9801 (RV) dated 05.03.2024 to accord approval of sanction and allotment of fund required to make payment of the outstanding dues. It is further stated that another 3 (three) Nos. of bills were also forwarded to the Sanctioning Authority vide Proposal No.1034-1036 (RV) dated 25.06.2025 to accord approval of sanction and allotment of fund required to make payment of outstanding dues. Sl. No. Registration No. Type of Vehicle From To Amount in Rs. 1 AS-01-EQ-8393 M/Ecco 01.10.2023 30.11.2023 73822/- 2 AS-01-EQ-8393 M/Ecco 01.01.2024 31.03.2024 110128/- 3 AS-01-BJ-1405 M/Van 11.08.2018 31.08.2018 21178/- Total Amount 205128/-
7. It is further seen from the above quoted paragraph that the respondent authorities have also taken steps for sanctioning of the said amount. 8.
Taking into account the above, this Court therefore disposes of the instant writ petition with a direction to the respondent authorities to pay the petitioner the admitted amount of Rs.7,53,300/- or such amount after statutory deductions. Any amount paid during the pendency of the present proceedings would be set off at the time of disbursal of the
Page No.# 5/5 amounts to the Petitioner. 9. The said exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.2. 10. With the above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant