GAHC010285512023 2025:GAU-AS:7310 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7359/2023 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 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) (LAW AND ORDER) DIST. KAMRUP (M) ASSAM 9:THE MOTOR TRANSPORT OFFICER (M.T.O.) KAMRUP (M) ASSAM BEFORE HON’BLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date: 04.06.2025 Heard Mr. A. Hussain, learned counsel appearing for the petitioner. Also heard Mr. R. Talukdar, learned Government Counsel appearing for all the respondents. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is seeking, inter-alia, direction for release of the admissible amount of money payable to the petitioner amounting to Rs.26,94,373.60/- (Rupees Twenty Six Lakhs Ninty Four Thousand Three Hundred Seventy Three and Six Zero Paisa only) as due to be paid to the petitioner by the respondent authorities on the basis of the vehicles hired by them for requirement. The brief facts of the case are that the petitioner is the registered owner of the vehicle bearing registration No. AS-25-J- 2848 (Innova) and AS-01-DD-9250 (Water Tanker). The respondent authorities hired the aforesaid vehicles of the petitioner during the period 2019 to 2022 on different dates in connection with maintaining law and order situation as and when required. It is the specific case of the petitioner that after utilizing the vehicles, the respondent authorities have not paid the hiring charges amounting to Rs. Rs.26,94,373.60/- (Rupees Twenty Six Lakhs Ninty Four Thousand Three Hundred Seventy Three and Six Zero Paisa only). Hence, the writ petition has been filed. I have heard the learned counsel appearing for both the parties and have perused the material available on record. It appears that the respondent No.7 (Commissioner of Police, Guwahati, Assam) has filed an affidavit-in-opposition, a copy of which has been served to the learned counsel appearing for the petitioner, wherein it has been stated that the actual amount as per the records to be available is Rs.26,94,405/- and out of which an amount of Rs.64,802/- have already been paid to the petitioner vide Assam Police Headquarters’ Sanction No.FS/POL 2022-23(i)/450 dated 04.06.20222 and as regards the balance outstanding, due to non availability of fund, the same could not be credited to the account of the petitioner. Apt to refer to the paragraphs 5, 6 and 9 of the aforesaid affidavit-in-opposition, which is reproduced hereunder for ready reference:- “5. That with regard to the statements made in paragraph 4 of the writ petition the answering deponent states that the petitioner has claimed Hire charges bills amount of Rs-26,94,373/-. As per report, the claimed of the petitioner was checked and verified with the available records and found that 20(twenty) Nos. of Hire charges bills were received on various dates from the petitioner. During scrutiny, it has come to notice that the petitioner has claimed less amount of Rs-32/-, where-as the actual amount as per the records available is Rs-26,94,405/-. Out of them, Hire Charges bill for the period from 01.08.2019 to 04.09.2019 for a period of 35 days, amounting to Rs-64,802/- have already been paid to the petitioner vide Assam Police Headquarters' Sanction No. FS/POL 2022- 23(i)/450 dated 04.06.2022. The remaining 19 (nineteen) nos. of Hire Charges Bills were checked and verified and forwarded to the Sanctioning Authority under cover of 2 (two) Nos. of proposals. 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 02 Nos. of proposals and allotment of fund from the sanctioning authority is yet to be received due to which payment of each proposal amount is pending. The details of the proposals are appended below:- (i) PROPOSAL NO. 4248-4251 (RV) DATED 22.05.2024 AS-25-J- 2848 Innova 01.07.2020 31.12.2020 Rs. 371520.00 AS-25-J- 2848 Innova 01.07.2021 31.12.2021 Rs.334720.00 AS-25-J- 2848 Innova 01.01.2022 31.03.2022 Rs.163721.00 AS-25-J- 2848 Innova 01.01.2021 30.06.2021 Rs.365462.00 Total Rs.1235423.00 (ii) PROPOSAL NO. 4252-4266 (RV) DATED 22.05.2024 AS-01- DD- 9250 W/Tanker 01.01.2021 31.03.2021 Rs.166636.00 AS-01- DD- 9250 W/Tanker 01.05.2022 31.05.2022 Rs.57396.00 AS-01- DD- 9250 W/Tanker 01.06.2022 31.08.2022 Rs.170338.00 AS-01- DD- 9250 W/Tanker 01.09.2022 30.09.2022 Rs.55564.00 AS-01- DD- 9250 W/Tanker 01.12.2020 31.12.2020 Rs.57396.00 AS-01- DD- 9250 W/Tanker 01.08.2020 31.08.2020 Rs.57396.00 AS-01- DD- 9250 W/Tanker 15.12.2019 19.12.2019 Rs.9258.00 AS-01- DD- 9250 W/Tanker 01.11.2020 30.11.2020 Rs.55546.00 AS-01- DD- 9250 W/Tanker 01.10.2020 31.10.2020 Rs.57396.00 AS-01- DD- 9250 W/Tanker 01.09.2020 30.09.2020 Rs.55546.00 AS-01- DD- 9250 W/Tanker 18.06.2019 28.06.2019 Rs.20366.00 AS-01- DD- 9250 W/Tanker 01.04.2021 30.06.2021 Rs.168486.00 AS-01- DD- 9250 W/Tanker 25.07.2020 31.07.2020 Rs.12960.00 AS-01- DD- 9250 W/Tanker 01.07.2021 31.12.2021 Rs.340676.00 AS-01- DD- 9250 W/Tanker 01.01.2022 28.02.2022 Rs.109238.00 Total Rs. 1394180.00 6. That with regard to the statements made in paragraph 5 of the writ petition the answering deponent states that the claim amount of the petitioner always depend on the sanction and allotment of fund from the Sanctioning Authority. Further stated that the Hire Charges Bills received from the petitioner has already forwarded to the Sanctioning Authority and as soon as sanction and allotment of fund received from the authority, the same will be credited to the bank account of the petitioner. Therefore, the allegation made by the petitioner in this paragraph of the writ petition is not a fact. 9. That with regards the statements made in paragraph 11 of writ petition, the answering deponent begs to state that the verment made therein is a matter born out of record. However, it is further stated that necessary steps has already been taken and once sanction of entitled amount and allotment of fund from the Sanctioning Authority is received, the claimed amount will be credited to the bank account of the petitioner.” Apt also to refer to payment status issued by the Deputy Commissioner of Police, Guwahati, Assam vide letter dated 14.06.2024, which is enclosed as Annexure-A to the said affidavit- in-opposition, which reads as hereunder:- “Memo No. ECP/Hire Charge/High Court/2024/6784 Dated: 14/06/2024. To, The Deputy Commissioner of Police (Crime), Police Commissionerate, Guwahati Sub: Payment status in respect of WP (C) No. 7359/2023 Manju Bibl -Vs-The State of Assam & & Ors. Sir, With reference to the subject cited above, I am directed to state you that the petitioner Manju Bibi has claimed Hire Charge bills amount of Rs. 26,94,373.00 (Rupees Twenty Six Lakh Ninety Four Thousand Three Hundred and Seven Three). It is to be mentioned here that after scrutinizing each and every Hire Charge bills during the concerned period, it has come to notice that the petitioner has claimed a deficit amount of Rs 32.00 (Rupees Thirty Two). The actual amount should be Rs. 26,94,405.00 ((Rupees Twenty Six Lakh Ninety Four Thousand Four Hundred and Five) as per office available records. Again, an amount of Rs 64,802.00 (Rupees Sixty Four Thousand Eight Hundred and Two) has already been paid to the petitioner vide Assam Police Headquarters' sanction FS/POL. 2022-23(i) 450 dated: 04.06.2022. The remaining amount of Rs. 26,29,603.00 (Rupees Twenty Six Lakh Twenty Nine Thousand Six Hundred and Three) is sent to Assam Police Headquarters for according necessary sanction. The details of the proposal are as follows: PROPOSAL NO. 4248-4251 (RV) DATED 22.05.2024 AS- 25-J- 2848 Innova Manju Bibi 01.07.2020 31.12.2020 Rs. 371520.00 AS- 25-J- 2848 Innova Manju Bibi 01.07.2021 31.12.2021 Rs. 334720.00 AS- 25-J- 2848 Innova Manju Bibi 01.01.2022 31.03.2022 Rs. 163721.00 AS- 25-J- 2848 Innova Manju Bibi 01.01.2021 30.06.2021 Rs. 365462.00 Total Rs. 1235423.00 PROPOSAL NO. 4252-4266 (RV) DATED 22.05.2024 AS-01- DD-9250 W/Tanker Manju Bibi 01.01.2021 31.03.2021 Rs . 166636.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.05.2022 31.05.2022 Rs . 57396.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.06.2022 31.08.2022 Rs . 170338.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.09.2022 30.09.2022 Rs . 55546.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.12.2020 31.12.2020 Rs . 57396.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.08.2020 31.08.2020 Rs . 57396.00 AS-01- DD-9250 W/Tanker Manju Bibi 15.12.2019 19.12.2019 Rs . 9258.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.11.2020 30.11.2020 Rs 55546.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.10.2020 31.10.2020 Rs 57396.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.09.2020 30.09.2020 Rs 55546.00 AS-01- DD-9250 W/Tanker Manju Bibi 18.06.2019 28.06.2019 Rs 20366.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.04.2021 30.06.2021 Rs 168486.00 AS-01- DD-9250 W/Tanker Manju Bibi 25.07.2020 31.07.2020 Rs 12960.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.07.2021 31.12.2021 Rs 340676.00 AS-01- DD-9250 W/Tanker Manju Bibi 01.01.2022 28.02.2022 Rs 109238.00 Total Rs 1394180.00 Submitted for favour of your kind perusal and necessary action Yours faithfully, Deputy Commissioner of Police (Admin), Guwahait, Assam” A perusal of the aforesaid payment status indicates that out of the total admitted amount of Rs. 26,94,405.00/- after an amount of Rs.64,802.00/- being paid to the petitioner, an amount of Rs.26,29,603.00/- stands currently due to the petitioner. It further appears that the respondent authorities though has forwarded the aforesaid pending bill of the petitioner to the sanctioning authority, however, since the sanction has not been received due to non availability of fund, the said amount could not be credited to the bank account of the petitioner. Non availability of fund cannot be a ground for non- releasing the admitted hiring charges of the petitioner. That being so, this court is of the unhesitant view that this writ petition can be disposed of with a direction to the respondent authorities to release the aforesaid balance admitted amount of Rs.26,29,603.00/- to the petitioner within a period of 4 (four) months from the date of receipt of the certified copy of the order in accordance with law. Ordered accordingly. With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant