Page No.# 1/3 GAHC010275172024 2025:GAU-AS:11709 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7053/2024 KHOKAN CHANDRA DEB S/O LATE MAHENDRA CHANDRA DEB, R/O H/NO-14 (NEW), G.N.B. ROAD, GANDHI BASTI, SILPUKHURI, GUWAHATI-781003 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 GOVERNMENRT 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 CITY GUWAHATI A.T. ROAD GUWAHATI-781001 Page No.# 2/3 ASSA Advocate for the Petitioner : MR J K Bhuyan, MS. P GHOSH,MS B GOGOI Advocate for the Respondent : GA, ASSAM, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 01-09-2025 Heard Mr. J. K. Bhuyan, learned counsel for the petitioner. Also heard Mr. G. Bokalial, learned Junior Government Advocate for the State respondent Nos. 1, 3, 4 & 5 and Mr. B. Gogoi, learned Standing Counsel, Finance Department for respondent No. 2. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the outstanding amount of Rs. 29,23,340/- on account of letting out his vehicles on hire basis to the respondent authorities. 3. It is the contention of the petitioner that the amount of Rs. 29,23,340/- is due to be paid to the petitioner by the respondent authorities on account of hiring of his vehicles, which is yet to be paid by the respondent authorities despite several approaches made by him. 4. Mr. G. Bokalial, learned State Counsel, fairly submits that the amount of Rs. 29,23,340/-, claimed by the petitioner, is an admitted outstanding dues on account of hire charge of the vehicle of the petitioner. However, due to non-sanction of the allotment of fund against the said admitted amount, the payment is pending. He submits that the amount shall be paid to the petitioner as and when funds are sanctioned and made available. Page No.# 3/3 5. Having considered that the vehicles (mini buses) of the petitioner, being Registration Nos. AS-01-S-4417, AS-27-C-0650, AS-14-C-4104 and AS-02-E-9794, were hired for the purpose of maintenance of the law and order duty under the provisions of the Assam Requisition and Control of Vehicles Act, 1968 and the amount claimed by the petitioner having not been disputed, rather admitted, I am of the view that the petitioner cannot be made to suffer due to delay in sanctioning of fund as non- availability of fund cannot be a ground to withhold the rightful entitlement of the admitted outstanding dues of the petitioner. Thus, I deem it appropriate to dispose of this writ petition with a direction to the respondent authorities to pay the admitted outstanding amount of Rs. 29,23,340/- due to petitioner by providing a reasonable time to make the payment. 6. Accordingly, it is directed that the respondent authorities shall release the admitted outstanding amount of Rs. 29,23,340/- to the petitioner within a period of 4 (four) months from the date of receipt of a certified copy of this order. 7. Writ petition stands allowed and disposed of. JUDGE Comparing Assistant