Page No.# 1/4 GAHC010285452023 2025:GAU-AS:2295 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7360/2023 MANJU BIBI W/O ANOWAR HUSSAIN 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. 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD Page No.# 2/4 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 (R) AMINGAON (LAW AND ORDER) DIST. KAMRUP (R) ASSAM 8:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON ASSAM 9:THE MOTOR TRANSPORT OFFICER KAMRUP (R) ASSAM 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 KARDAK ETE O R D E R Date : 05.03.2025 . Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the admitted outstanding amount of Rs.23,13,614.25 (Rupees twenty three lakhs thirteen thousand six hundred Page No.# 3/4 fourteen and twenty five paisa) only, for hiring charge of her four vehicles for the year 2021-2023. The case of the petitioner is that she is the registered owner of different types of vehicle like Innova, Crane, Tata Sumo and Tanker, etc. which have been registered under the Assam Motor Vehicles Act and the petitioner is running her business in the North Eastern Region by plying the said vehicles. The respondents for the purpose of maintaining law and order situation in the Kamrup District, hired the vehicles of the petitioner, bearing registration No. AS-25-S-0002 (Innova), AS-01-EU-0599 (Crane), AS-01-AY-9935 (Tata Sumo) and AS-01-T-9693 (Water Tanker), respectively, for the year 2021-2023, on different dates, whereby the vehicles have been utilized for many days. Mr. J.I. Borbhuiya, learned counsel for the petitioner submits that the hire charge, as agreed to by the respondents have been submitted by preparing a bill of Rs.23,13,614.25 (Rupees twenty three lakhs thirteen thousand six hundred fourteen and twenty five paisa) only. However, as on date, no payment has been made to the petitioner. Therefore, he submits that since the amount claimed by the petitioner is an admitted one, the respondent authorities may be directed to release the same to the petitioner. Mr. S.R. Baruah, learned State Counsel for the respondents, referring to the affidavit in opposition filed on behalf of the respondent No.8, indicating details of the hired vehicles along with the charges, submits that the amount claimed by the petitioner is an admitted amount. However, the release of hiring charges depends on the sanction and approval of required funds from the Page No.# 4/4 sanctioning authority. The required sanction against the claim of the petitioner is yet to be received for which the release of the said amount is pending. I have considered the submissions of learned counsel for the parties. The respondents have admitted the claim of the petitioner of an outstanding amount of Rs.23,13,614.25 (Rupees twenty three lakhs thirteen thousand six hundred fourteen and twenty five paisa) only, which is due to the petitioner. The only ground of non-payment is stated to be non-sanctioning or approval of the amount by the competent authority. Having considered that the claim of the petitioner of Rs.23,13,614.25 (Rupees twenty three lakhs thirteen thousand six hundred fourteen and twenty five paisa) only is admitted by the respondent authorities, I deem it appropriate to dispose of this writ petition with a direction to the respondent authorities to make the payment of the admitted amount of Rs.23,13,614.25 (Rupees twenty three lakhs thirteen thousand six hundred fourteen and twenty five paisa) only, claimed by the petitioner. Accordingly, this writ petition is disposed of with a direction to the respondent authorities to release the amount of Rs.23,13,614.25 (Rupees twenty three lakhs thirteen thousand six hundred fourteen and twenty five paisa) only, to the petitioner within a period of four (4) months from the date of receipt of a copy of this order. The writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant