Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010274082024
2025:GAU-AS:8468
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/27/2025 HEMANTA GOSWAMI SON OF LATE KANDARPA DEV GOSWAMI, RESIDENT OF N AREA LASKAR PATHAR ROAD, WARD NO. 2, LANKA (MUNICIPAL BOARD), P.O. AND P.S.
LANKA, DIST.- HOJAI, PIN- 782446, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI- 781006, ASSAM 2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI PIN- 781007 DIST.- KAMRUP (M) ASSAM 3:THE SUPERINTENDANT OF POLICE HOJAI SANKARDEV NAGAR PAM GAON HOJAI PIN- 782442 DIST.- HOJAI ASSA Advocate for the Petitioner : MR. P P BORTHAKUR, MS IVY HUSSAIN,MR. T KALITA Advocate for the Respondent : GA, ASSAM,
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 23.06.2025
1. Heard Mr. P P Borthakur, learned counsel for the petitioner. Also heard Mr. S.R. Baruah, learned counsel for all the respondents. 2. The petitioner is the owner of a Bolero vehicle bearing registration No.AS-02-Q-7557 and the said vehicle was hired by the respondent No.3, however, according to the petitioner, the bill submitted by the petitioner for hiring of such vehicle amounting to Rs.32,16,387/- has not been released to the petitioner and accordingly he has approached this court. 3. The respondent No.3 i.e., the Superintendent of Police, Hojai under, whose authority the vehicle was hired, has filed an affidavit and admitted the claim of the petitioner, as disclosed in paragraph Nos.5 to 7 of the aforesaid affidavit. Paragraph Nos.5 to 7 are quoted hereinbelow:
“5. That as regard to the statements made in paragraph No.3 the deponent states that the concerning vehicle bearing Registration No.AS-02Q-7557 (Bolero), the vehicle was hired from 1st August, 2016 to 31st December, 2023. The initial daily rate was Rs.990/- per day and Rs.200/- for wages, which was subsequently increased to Rs.1716/- and Rs.240/- respectively, effective from September, 2023, as per Memo No.TVM/E-58920/398-A, dated 27th August, 2023. Page No.# 3/4
6. That with regrd to the statements made in paragraph No.4 the deponent states that as the total liability concerning the aforementioned vehicle amounts to Rs.34,78,002/-. Of this amount Rs.4,61,615/- has already been paid to the petitioner. The remaining balance due is Rs.30,16,387/-. 7.
That with regard to the statements made in paragraph 5 the deponent states that the Hire Charge Bills are sanctioned from APHQR therefore all the Hire Charge Bills are sent to the APHQR for sanction along with all relevant documents.”
4. From the aforesaid what is discernible is that, the vehicle of the petitioner bearing registration No.AS-02-Q-7557 (Bolero) has been hired and it is admitted in clear terms by the Superintendent of Police, Hojai that as on date the remaining balance due is Rs.30,16,387. It is further contended that such bill is to be sanctioned by the Assam Police Head Quarter and the bill has been sent to the Head Quarter along with all relevant documents for approval. 5. In view of the aforesaid admitted position and as agreed to by the learned counsel for the parties, this writ petition is disposed of by directing the respondent Nos.1 & 2 to consider and verify the bill already forwarded by the Superintendent of Police, Hojai and give necessary approval and pay, if the same is found to be admitted. 6. The entire exercise be carried out within a period of four
Page No.# 4/4 months from the date of receipt of a certified copy of this order and after such verification, the admitted due be paid within a period of one month thereafter. 7. This disposes the writ petition. JUDGE Comparing Assistant