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2025 DAILYLAW 22131 (GAU)

RAJENDRA KUMAR GHOSH v. THE STATE OF ASSAM AND 4 ORS.

WP(C)/6984/2024 · 2025-08-17

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010273472024 2025:GAU-AS:11132 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6984/2024 RAJENDRA KUMAR GHOSH S/O- LATE PREMCHAND GHOSH, H/NO.- 28, ML BARUAH LANE, SILPUKHURI, GUWAHATI-03. VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR,GUWAHATI-6, ASSAM. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI- 781007. 4:THE COMMISSIONER OF POLICE KAMRUP(M) GUWAHATI ASSAM PIN- 781001. 5:THE MOTOR TRANSPORT OFFICER POLICE RESERVE Page No.# 2/4 GUWAHATI A.T. ROAD GUWAHATI- 781001 ASSAM For the Petitioner(s) : Mr. J. K. Bhuyan, Advocate For the Respondent(s) : Ms. U. Das, Addl. Sr. Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.08.2025 Heard Mr. J. K. Bhuyan, the learned counsel appearing on behalf of the petitioner and Ms. U. Das, the 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 bills of the petitioner. 3. It is the case of the petitioner that he is the owner of six vehicles bearing Registration Nos. AS-10-6976, AS-11-BC-1305, AS-07-C-0878, AS-25-AC-9099, AS-06-D-2417 and AS-01-AC-0717. The learned counsel for the petitioner submits that the aforesaid vehicles were engaged by the respondent authorities on hire basis in lieu of payment. Pursuant thereto, the petitioner submitted bills against each vehicle amounting to Rs.2,26,394/-, Rs.11,60,544/-, Rs.3,40,690/-, Rs.6,68,192/-, Rs.35,112/- and Rs.3,34,314/- respectively, aggregating to a total sum of Rs.27,65,246/-. The said bills were duly received and acknowledged by Page No.# 3/4 the respondent No.4. 4. The learned counsel for the petitioner further submitted that the aforesaid amount has been duly verified by the respondent authorities; however, despite such verification, the said amount has not been released to the petitioner. In addition to that, the learned counsel for the petitioner submitted that the petitioner had submitted various representations to the respondent authorities for release of the amount however the said amount of Rs.27,65,246/- is still pending, for which the petitioner has approached this Court under Article 226 of the Constitution. 5. Ms. U. Das, the learned Additional Senior Government Advocate during the course of hearing has placed before this Court a communication dated 18.08.2025 issued by the Deputy Commissioner of Police (Crime), Guwahati whereby it was stated that as regards the claim of the petitioner i.e. Rs.27,65,246/-, an amount of Rs.5,23,286/- have already been paid to the petitioner and the remaining amount of Rs.22,41,960/- is pending for non-receipt of FOC from the Government. The said instruction is kept on record and marked with the letter “X”. 6. Accordingly, the instant writ petition therefore stands disposed of with the following observations and directions: (i) This Court directs the Respondent Nos. 3 and 4 to take immediate steps for releasing the amount of Rs.22,41,960/- to the petitioner after making such statutory deductions, if so required, within a period of 6 (six) months from the date, a certified copy of the instant order is served Page No.# 4/4 upon the respondent No.3. (ii) Any amount paid during the pendency of the present proceedings would be set off at the time of disbursal of the amounts to the Petitioner. JUDGE Comparing Assistant