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2025 DAILYLAW 22530 (GAU)

MD LUTFUR RAHMAN v. THE STATE OF ASSAM AND 8 ORS

WP(C)/7362/2023 · 2025-01-28

Lanusungkum Jamir

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010285432023 2025:GAU-AS:977 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7362/2023 MD LUTFUR RAHMAN S/O LATE JABBAR ALI R/O VILL- SANIADI, HAJO P.O. SANIADI P.S. HAJO DIST. KAMRUP, ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM STATE HOME DEPARTMENT DISPUR GUWAHATI-6. 4:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI-7. Page No.# 2/4 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI-7. 6:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI-7. 7:THE DISTRICT MAGISTRATE-CUM- DEPUTY COMMISSIONER KAMRUP AMINGAON (LAW AND ORDER) DIST.KAMRUP (R) ASSAM 8:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON ASSAM 9:THE MOTOR TRANSPORT OFFICER KAMRUP ASSA Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,MR. L MOHAN,MRS. K H CHOUDHURY Advocate for the Respondent : GA, ASSAM, BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 29.01.2025 Heard Mr. L. Mohan, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Additional Senior Government Advocate appearing on behalf of all the respondents. Page No.# 3/4 2. By this writ petition, the petitioner is claiming the outstanding higher charges with regard to his two vehicles bearing registration No.AS-25- CC/5036 (Bolero A/C) and AS-25-G-7213 (Bolero ZLX) for an amount of Rs. 9,34,805/-. 3. The respondent No.8/Superintendent of Police, Kamrup, Amingaon has filed counter affidavit and in paragraph-6 of the said affidavit, it is stated as under:- “6.That with regard to the statement made in paragraph nos. 5 & 6 the answering deponent begs to state that as per records, amount of Rs. 3,33,702/- (Rupees Three Lakh Thirty three thousand Seven hundred and two) only has been sanctioned and received against vehicle No AS- 25-G/7213. In respect of vehicle No. AS-25-CC/5036, the undersigned has written to APHQ for the funds but no fund has been received. Once the funds are received, the amount of Rs. 4,71,965/- (Rupees Four Lakh Seventy one thousand Nine hundred and Sixty five) only against vehicle No. AS-25-CC/5036 shall be paid.” 4. Mr. K. Gogoi, learned Additional Senior Government Advocate submits that the hiring charges with regard to the vehicle bearing registration No.AS-25-G-7213 amounting to Rs.3,33,702/- has already been paid to the petitioner and as there is an outstanding amount of Rs.4,71,965/- with regard to the vehicle bearing registration No.AS-25-CC- 5036, the respondents may be given some time to enable them to clear the outstanding dues. 5. Mr. L. Mohan, learned counsel for the petitioner also admits that the petitioner has received the amount of Rs.3,33,702/- and now there is an outstanding due of Rs. 4,71,965/-. 6. After hearing the learned counsel for the parties and as the respondents have admitted the outstanding dues of Rs.4,71,965/- against Page No.# 4/4 the hiring charges in respect of the petitioner’s vehicle, the respondents are directed to pay the said amount/dues of Rs.4,71,965/- to the petitioner within a period of four months from the date of receipt of a certified copy of the order of this Court. 7. With the above observations and directions, this writ petition stands disposed of. JUDGE Comparing Assistant