Page No.# 1/6 GAHC010285482023 2025:GAU-AS:813 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7358/2023 MD. ANOWAR HUSSAIN S/O LATE JABBAR ALI R/O VILL- SANIADI, HAJO P.O. SANIADI P.S. HAJO DIST. KAMRUP (RURAL), 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) Page No.# 2/6 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 (METRO) 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 : 27.01.2025 Heard Mr. L. Mohan, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned Government Advocate, appearing on behalf of all the respondents. By this writ petition, the petitioner is claiming the hiring charges of the Page No.# 3/6 petitioner’s vehicle amounting to Rs.22,01,504/- (Rupees twenty two lakh one thousand five hundred and four). The Deputy Commissioner of Police (Administration), Guwahati has filed an affidavit on behalf of respondent No. 7/the Commissioner of Police, Guwahati and in the Para- 6 of the said affidavit- in-opposition, it is stated as under:- 6. That with regard to the statement made in paragraph 4 of the writ petition, the answering deponent begs to state that petitioner has claimed total hire charge bill amounting to Rs. 22,01,504/- only against the vehicle Nos. AS- 25-H-8030 (Scorpio), AS-01-HC-6697 (Ultra Bus) and AS-01-HC-6500 (Bus). Considering the claim made by the petitioner, the available records were checked and verified and found that 22 numbers of hire charge bills in respect of the above noted vehicles were received from the petitioner during the period from 2019 to 2022 on various dates. During scrutiny of the bills, it is found that out of the 22 numbers of bills, in 1(one) bill the petitioner has claimed driver allowance for the period from 01-07-2020 to 31-12-2020 against vehicle No. AS- 25-H-8030, but as per record, the Respondent No. 9 has arranged and engaged one Govt. Driver from his resource for driving the vehicle. Though, the fact regarding engaging of Govt. Driver to run the vehicle in question for the said period was within the knowledge of the petitioner, but has made claimed of the driver allowance instead of deducting the driver allowance of Rs-36,800/- from the gross amount of the bill. However, the said amount was deducted at the time of scrutiny of the bill. Therefore, there is a difference of Rs. 36,800/- and hance the actual claim stand as Rs. 21,64,704/-. After completion of required formalities, these bills amounting to Rs-21,64,704/- have already been forwarded to the Sanctioning Authority covering 4 (four) number of proposals to accord sanction and allotment of fund against each proposal. Page No.# 4/6 It is pertinent to mention here that the payments of Hire Charges Bills always depend on the sanction and allotment of fund required from the sanctioning authority, whereas, the same is yet to be received due to which outstanding amount is pending. The details of the bills forwarded to the sanctioning authority are as follows: PROPOSAL NO. 4222-4223 (RV) DATED 10.05.2024 AS-01-HC-6500 01-01-2021 31-03-2021 Rs. 1,97,820.00 AS-25-H-8030 01-01-2022 30-06-2022 Rs. 3,65,463.00 Total Rs. 5,63,283.00 PROPOSAL NO. 4224-4239 (RV) DATED 10-05-2024 AS-01-HC-6697 20-02-2021 28-02-2021 Rs. 19,782.00 AS-01-HC-6697 23-03-2021 27-03-2021 Rs. 10,990.00 AS-01-HC-6697 01-01-2021 02-01-2021 Rs. 4,396.00 AS-01-HC-6697 29-06-2019 29-06-2019 Rs. 2,198.00 AS-01-HC-6697 01-12-2020 31-12-2020 Rs. 68,138.000 AS-01-HC-6500 01-04-2021 02-05-2021 Rs. 70,336.00 AS-01-HC-6697 10-08-2020 15-08-2020 Rs. 13,188.00 Page No.# 5/6 AS-01-HC-6500 14-05-2021 31-05-2021 Rs. 39,564.00 AS-01-HC-6697 02-10-2020 16-10-2020 Rs. 32,970.00 AS-01-HC-6500 01-12-2020 31-12-2020 Rs. 68,138.00 AS-01-HC-6500 01-10-2020 31-10-2020 Rs. 68,138.00 AS-01-HC-6500 01-09-2020 30-09-2020 Rs. 65,940.00 AS-01-HC-6697 09-02-2021 11-02-2021 Rs. 6,594.00 AS-01-HC-6697 01-03-2021 05-03-2021 Rs. 10,990.00 AS-01-HC-6697 27-11-2020 30-11-2020 Rs. 8,792.00 AS-01-HC-6697 27-08-2020 04-09-2020 Rs. 19,782.00 TOTAL Rs. 5,09,936.00 PROPOSAL NO. 5218-5220 (RV) DATED 23-09-2024 AS-25-H-8030 01-07-2020 31-12-2020 Rs. 3,34,720.00 AS-25-H-8030 01-07-2021 31-12-2021 Rs. 3,71,520.00 AS-25-H-8030 01-01-2021 30-06-2021 Rs. 3,65,463.00 TOTAL Rs. 10,71,703.0 0 Page No.# 6/6 PROPOSAL NO. 5221 (RV) DATED 23-09-2024 AS-01-HC-6500 27-08-2020 04-09-2020 Rs. 19,782.00 Mr. M. Chetia, learned counsel appearing for the respondents submits that as the affidavit-in-opposition filed by the Deputy Commissioner of Police (Administration), Guwahati on behalf of the respondent No. 7, clearly admits that the petitioner has to be paid an amount of Rs.21,64,704/-(Rupees twenty one lakh sixty four thousand seven hundred and four) some time may be allowed to the respondents to pay the same. After hearing the learned counsel for the parties and in view of the fact that the outstanding liability of the respondents towards the petitioner amounting to Rs.21,64,704/- (Rupees twenty one lakh sixty four thousand seven hundred and four) has been admitted, the respondents are directed to pray the said amount within a period of 3 (three) months from the date of receipt of a certified copy of this Court’s Order. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant