GAHC010285522023 2025:GAU-AS:7309 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7357/2023 MD. ANOWAR HUSSAIN SON OF LATE JABBAR ALI R/O VILL- SANIADI, HAJO P.O. SANIADI, PS. 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. Page 2 of 8 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 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) ASSA M 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 KAUSHIK GOSWAMI ORDER Date: 04.06.2025 Heard Mr. A. Hussain, learned counsel appearing for the petitioner. Also heard Ms. U. Das, learned Additional Senior Government Advocate appearing for the State respondent. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is seeking direction, inter-alia, for release of the admissible amount of money payable to the petitioner amounting to Rs.20,89,303.00/- (Rupees Twenty Lakhs Eighty Nine Thousand Three Hundred and Three) as due to be paid to the petitioner by the respondent authorities on the basis of the vehicles hired by them for requirement basis. The brief facts of the case are that the petitioner is the owner of the vehicles bearing registration no. AS-18-B-2772 (Bolero AC), AS-01-DC-4693 (Truck), AS-25-CC-5020 (Bolero AC) and AS-01-HC-6697 (Bus) respectively. The respondent authorities hired the aforesaid vehicles of the petitioner during the period 2015 to 2023 on different dates in connection with maintaining law and order situation and after, utilization released them on the different dates. It is the specific case of the petitioner that the respondent authorities used to utilize the vehicles of the petitioner as per their demand and after release of the same they have not paid the hired charges. It is the further case of the petitioner that accordingly, bill of Rs. 20,89,303.00 (Rupees Twenty Lakhs Eighty Nine Thousand Three Hundred and Three) is due to be received from the respondent authorities. Accordingly, 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 from the affidavit-in-opposition filed on behalf of the respondent No.8, the Superintendent of Police, Kamrup, Amingaon, Assam on 10.01.2025 that the respondent authorities have admitted their liability to extend of Rs.11,41,928/- (Rupees Eleven Lakhs Forty One Thousand Nine Hundred and Twenty Eight only), however, have denied the hiring of one of the vehicles of the petitioner being registration no. AS-18-B-2772 (Bolero AC). Apt to refer to paragraphs 4, 5 and 6 of the aforesaid affidavit-in-opposition, which is reproduced hereunder for ready reference:- “4. That with regard to the statement made in paragraph no. 3 of the writ petition the averments relate to the Deputy Commissioner, Kamrup and no averments have been made against the Superintendent of Police, Kamrup. However, as per office records, the following vehicles were hired by the office of the Superintendent of Police, Kamrup, Amingaon for the periods indicated below: Sl No Vehicle Regd. Type of Vehicle Date of requisitioned Date of Release No. of Days 1 AS-01 DC-4693 Truck 01-07-2022 31-12-2022 274 2 AS-25-CC-5020 Bolero 01-07-2022 31-03-2023 274 3 AS-01 HC-6697 Bus 12-10-2022 15-10-2022 04 4 Bus 21-01-2023 22-01-2023 02 5 Bus 31-01-2023 05-02-2023 06 6 Bus 11-02-2023 12-02-2023 02 7 Bus 13-02-2023 10-04-2023 57 8 Bus 13-04-2023 15-04-2023 03 However, there are no office records to indicate that Bolero bearing No AS 18- B/2772 was hired by the O/o SP, Kamrup. Since there are no office records in this regard, the hiring of the said vehicle and alleged dues etc against the said vehicle are denied. 5. That with regards to the statements made in paragraph 4 of the writ petition since, the vehicle No AS 18-B 2772 was never hired (as per records), the claimed/alleged dues of Rs.20,89,303/-(inclusive of AS 18 B 2772) is denied. As per office records, the following is the entitled dues of the petitioner Sl No. Vehicle Regd. Type of Vehicle Date of requisitioned Date of Release No. of Days Amount Due 1 AS-01 DC- 4693 Truck 01-07-2022 31-12- 2022 274 Rs. 5,07,311/- 2 AS 25-CC- 5020 Bolero 01-07-2022 31-03- 2023 274 Rs. 4,71,965/- 4 AS-01-HC- 6697 Bus 21-01-2023 22-01- 2023 02 Rs. 4,396/- 5 Bus 31-01-2023 05-02- 2023 06 Rs. 13,188/- 6 Bus 11-02-2023 12-02- 2023 02 Rs. 4,396/- 7 Bus 13-02-2023 10-04- 2023 57 Rs. 1,25,286/- 8 Bus 13-04-2023 15-04- 2023 03 6,594/- Total Rs.11,41,928/- 6. That with regards to the statements made in paragraph 5 of the writ petition, the answering deponent begs to state that the bill vide No. KMP/MT/Hire-Veh/2023/446 dated 11-01-2024 has already been submitted against vehicle Nos. AS01 DC 4693, AS 25-CC-5020 & AS01HC 6697 but no fund has been received from Assam Police Head Quarter to pay the petitioner. Once the funds are made available, the same shall be paid to the petitioner.” Reading of the aforesaid averments of the affidavit-in- opposition, it is clear that the respondent authorities have admitted that the outstanding dues of the petitioner in respect of the subject hiring of vehicles is only to the extent of Rs.11,41,928/- (Rupees Eleven Lakhs Forty One Thousand Nine Hundred and Twenty Eight only) and that due to non availability of the fund, the aforesaid amount has not been released till date to the petitioner. As regards the disputed dues of the petitioner, this court under Article 226 of the Constitution of India cannot go into such disputed question of fact. However, as regards the admitted dues, non availability of funds cannot be a reason for depriving the petitioner of his legitimate admitted dues. 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 admitted dues of Rs.11,41,928/- (Rupees Eleven Lakhs Forty One Thousand Nine Hundred and Twenty Eight only) to the petitioner in accordance with law within a period of 4 (four) months from the date of receipt of the certified copy of the order. Ordered accordingly. Page 8 of 8 With the above observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant