Page No.# 1/4 GAHC010274442024 2025:GAU-AS:11197 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7019/2024 SAFIKUL ALI S/O- SADAR ALI, VILL- KALIJAR, PS- BARAMA, DISTRICT- BAKSHA, PIN- 781346 VERSUS STATE OF ASSAM AND 2 ORS. REPRESENTED BY COMMISSIONER AND SECRETARY, HOME DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI- 781005 2:DIRECTOR GENERAL OF POLICE GOVT. OF ASSAM ULUBARI GUWAHATI-07 3:COMMISSIONER OF POLICE GUWAHATI CITY PANBAZAR GUWAHATI- 78100 Advocate for the petitioner(s): Mr. G Deka Advocate for the respondent(s): Ms. U Das, Addl. Senior Govt. Advocate, Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Page No.# 2/4 ORDER 20.08.2025 Heard Mr. G Deka, the learned counsel appearing on behalf of the petitioner. Ms. U Das, the learned Additional Senior Govt. Advocate, Assam who appears on behalf of the respondent Nos.1, 2 and 3. 2. The instant writ petition has been filed by the Petitioner challenging the inaction on the part of the Respondent Authorities in releasing the outstanding bill amounting to Rs.12,87,260/- to which the Petitioner is entitled to on account of his vehicle bearing No.AS 01 EF 9465 being taken on hire basis since 01.07.2020 by the respondent authorities. 3. The case of the petitioner herein is that the petitioner’s vehicle was taken on hire basis by the respondent authorities i.e. the office of the Commissioner of Police on a daily rent which was fixed at Rs.1450/- per day. Accordingly, the respondent authorities issued various bills against the said hired vehicle which comes to Rs.12,87,260/- and the petitioner having given the vehicle on hire to the police authorities on daily rent basis is entitled to the amount of Rs.12,87,260/-. However, the said amount having not been paid, inspite of various representations being submitted, the petitioner has approached this Court. Page No.# 3/4 4. The respondents have filed an affidavit through the Deputy Commissioner of Police (Administration) Police Commissionerate, Guwahati, Assam wherein details have been given in paragraph 4, 5 and 6 of the said affidavit as regards the petitioner’s entitlement. 5. The said paragraphs, 4, 5 and 6 of the affidavit-in-opposition being relevant are reproduced hereinunder: “4. That the respondent states that Bill pertaining to the period from 01.07.2021 to 31.12.2021 has already been credited to the account of the petitioner vide bill No. 02215 dated 24.03.2024. 5. That the approval of sanction has been received for the following 4 (four) bills vide FS No. 4553 dated 25.02.2025, but FOC against the sanction amount is not received from the sanctioning authority within the Financial Year-2024-2025. Now approval for revalidation has been received and amount will be credited into the Bank Account of the petitioner once FOC against the FS No. 4553 dated 25.02.2025 is received from the Govt. Bills are as follows: (I) Bill for the period from 01.07.2020 to 31.12.2020. (II) 01.01.2021 to 30.06.2021. (III) 01.01.2020 to 30.06.2020 and (IV) 06.11.2019 to 31.12.2019. 6. That the rest one bill for the period from 01.01.2022 to 30.06.2022 has already been forwarded to the Assam Police Headquarters for according approval of sanction from the authority, the same will also be credited to the Bank Account of the petitioner upon receipt of FOC from the Govt.” 6. From a perusal of the above-quoted paragraphs, it, therefore, appears that the respondents have duly admitted in respect to the bills, the reference of which has been made in paragraphs 4, 5 and 6 Page No.# 4/4 of the affidavit-in-opposition. It is seen in respect to the bill No.02215 dated 24.03.2024, the stand of the respondents is that the said amount had already been credited to the account of the petitioner. In respect to the four bills, the details of which have been given in paragraph 5 as well as in paragraph 6, the claim of the petitioner had not been denied. However, on account of necessary approval or sanction, the said amount had not been paid to the petitioner. 7. Considering the above, the instant writ petition stands disposed of with the following observation(s) and direction(s): (i). The respondents are directed to pay to the petitioner the amount in respect to the bills, the reference of which has been made in paragraphs 5 and 6 of the affidavit-in-opposition within a period of 6(six) months from the date a certified copy of this order is furnished to the respondent No.3. (ii). The respondents while making the payment shall carry out the statutory deductions, if so required. (iii). Any amount paid during the pendency of the writ petition shall be set off while making the payments. 8. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant