Page No.# 1/4 GAHC010285412023 2025:GAU-AS:473 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7363/2023 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. 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN) ASSAM Page No.# 2/4 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 COMMISSIONER OF POLICE GUWAHATI ASSAM 8:THE DISTRICT MAGISTRATE-CUM-DEPUTY COMMISSIONER KAMRUP (M) AMINGAON (LAW AND ORDER) DIST. KAMRUP (M) ASSAM 9:THE MOTOR TRANSPORT OFFICER (M.T.O.) KAMRUP (M) 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 HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 20.01.2025 Heard Mr. L. Mohan, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned Junior Government Advocate appearing for all the respondents. 2. The petitioner in the present writ petition is the registered owner of a Bolero vehicle bearing registration No. AS-25-BC-3934, which was hired by the respondents on different dates in the year 2020-22, for the purpose of Page No.# 3/4 maintaining law and Order situation etc. in the Kamrup Metro District. Thereafter, the petitioner submitted his bills amounting to Rs. 11,22,704/- (Rupees Eleven Lakh Twenty Two Thousand Seven Hundred Four), however, as the said bills have not been released to the petitioner till date, the petitioner is before this Court by way of this present writ petition. 3. The respondent No. 7/Commissioner of Police, Guwahati, Assam has filed an affidavit-in-opposition and in Paragraph 5, it is stated as under :- “5. That with regard to the statement made in Paragraph No. 4 of the writ petition, the answering deponent begs to state that as per the available records altogether 5(five) numbers of Hire Charges bills were received from the petitioner for the period from 01-07-2020 to 31-12-2022, amounting to Rs. 11,32,904/- (Rupees Eleven Lakh Thirty-two thousand Nine hundred and four) only and the same were verified with the concerned available records. It is stated that the petitioner has claimed less amount of Rs. 10,200/- then the entitle amount. However, after completion of scrutiny and observing formalities, these bills have been forwarded to the Sanctioning Authority to accord sanction and allotment of fund to be credited to the Bank Account of the petitioner. The details of the bills forwarded to the Sanctioning Authority are as follows:- SL. No. Vehicle No. From To Amount Proposal No. 1. AS-25- BC-3934 01.07.2022 31.12.2022 Rs. 2,28,068.00 4270-4274 (RV) Dtd. 31.05.202 4 2. -Do- 01.01.2021 30.06.2021 Rs. 2,24,350.00 3. -Do- 01.07.2021 31.12.2021 Rs. 2,28.068.00 Page No.# 4/4 4. -Do- 01.07.2020 31.12.2020 Rs. 2,28,068.00 5. -Do- 01.01.2022 30.06.2022 Rs. 2,24.350.00 Total Rs. 11,32,904.00 The matter relating to the payment of hire charges claim amount to the petitioner always depend on the sanction and allotment of fund from the Sanctioning Authority. The answering deponent further submit that till date the required sanction against the above noted proposal as well as allotment of fund from the Sanctioning Authority is yet to be received due to which outstanding dues are pending.” 4. In view of the averments made in Para- 5 of the affidavit-in-opposition filed by the respondent No. 7, this Court is of the considered opinion that the claim of the petitioner is admitted by the respondents and accordingly, the respondents are directed to pay the undisputed bill of the petitioner amounting to Rs. 11,32,904/- (Rupees Eleven Lakh Thirty Two Thousand Nine Hundred Four) within a period of 3 (three) months from the date of receipt of a certified copy of this Court’s Order. With the aforesaid observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant