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2025 DAILYLAW 22227 (GAU)

SAFIKUL ALI v. STATE OF ASSAM AND 2 ORS.

WP(C)/1166/2025 · 2025-05-01

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010274412024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1166/2025 SAFIKUL ALI S/O- SADER ALI, VILL.- KALIJAR, P.S. BARAMA, DIST. BAKSA, 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-781001 Advocate for the Petitioner : MR. P K ROYCHOUDHURY, MR G DEKA Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 02.05.2025 1. Heard Mr. G. Deka, learned counsel for the petitioner. Also heard Mr. G. Page No.# 2/3 Bokalial, learned counsel for all the respondents. 2. The petitioner has prayed for payment of his vehicle hire charges amounting to Rs.10,54,302/-. 3. Mr. G. Bokalial, learned counsel appearing for the respondents submits that the amount claimed by the petitioner is an admitted amount and that financial sanction had been accorded by the Sanctioning Authority for payment of the petitioner’s dues. However, as the financial sanction had not been received during 2024 – 2025, steps are to be taken for re-validating the financial sanction. 4. I have heard the learned counsel for the parties. 5. The stand of the counsels for the parties make it clear that the respondents are liable to pay to the petitioner the admitted amount of Rs.10,54,302/-. 6. Paragraph-2 of the affidavit-in-opposition filed by the respondent no.3 is reproduced hereinbelow as follows : “2. That the deponent begs to state that the financial sanction was accorded by the Sanctioning Authority on 25.02.2025 vide Financial Sanction No. FS/POL- 2024-25(1) 4553 dated 25.02.2025, but FOC against the sanction amount of Rs. 10,54,302/- is not received from the Sanctioning Authority within the Financial Year- 2024-2025. However, process is being taken to revalidate the sanction. Once, revalidate sanction and FOC is received from the Govt. of Assam, steps Page No.# 3/3 will be taken to credit the amount to the bank account of the petitioner.” 7. In view of the admission of the dues of the petitioner by the respondents, the respondents are directed to re-validate the financial sanction for payment of the admitted amount of Rs.10,54,302/- to the petitioner. The entire process for re-validating the financial sanction and making payment of the admitted amount should be completed within a period of 3 (three) months, from the date of receipt of a certified copy of this order. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant