Page No.# 1/6 GAHC010067392023 2025:GAU-AS:15961 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1857/2023 ANJUM ARA D/O- MEHMOOD ALOM, R/O- HOUSE NO. 5649(A) KAHILIPARA, NEAR POST OFFICE, GUWAHATI, DIST. KAMRUP(M). VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI DIST. KAMRUP(M). 3:THE COMMISSIONER OF POLICE GUWAHATI DIST. KAMRUP(M) ASSA For the Petitioner(s) : Mr. S. Borthakur, Advocate Ms. S. Kakati, Advocate Ms. M. Konyak. W, Advocate For the Respondent(s) : Mr. S.R. Baruah, Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Page No.# 2/6 ORDER Date : 24.11.2025 Heard Ms. S. Kakati, the learned counsel appearing on behalf of the petitioner and Mr. S.R. Baruah, the learned Government Advocate appearing on behalf of the respondents. 2. The instant writ petition has been filed being aggrieved by the inaction on the part of the Respondent Authorities in not making payment amounting to Rs. 44,18,588/- to the petitioner. 3. The case of the petitioner herein is that the petitioner is a registered owner of the vehicles bearing Registration Nos. AS-01- JC-2052 (BOLERO SLX); AS-01-DH-0102 (THAR CRDE) and AS- 01-EV-4295 (GYPSY). The Respondent Authorities hired the vehicles of the petitioner on different dates for their emergency use. Thereafter, the petitioner submitted the bills along with the original hiring orders before the authorities for making payment of his dues amounting to Rs.44,18,588/-. However, the said amount has not been paid to the petitioner. 4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter delinquently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.44,18,588/- due to the petitioner, Page No.# 3/6 for which, the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition. 5. Mr. S.R. Baruah, the learned Government Advocate appearing on behalf of the respondents has brought the attention of this Court to the affidavit-in-opposition filed by the respondent No.3. From a perusal of the said affidavit-in- opposition, it is seen that the Respondent Authorities have admitted their liability of amounts of Rs. 6,95,192/-; Rs. 4,90,842/-; Rs. 11,60,174/- and Rs. 20,20,052/- totaling Rs. 43,66,260/-. The details can be seen in paragraph Nos.5 and 6 of the said affidavit-in-opposition which being relevant are reproduced herein under:- “5. That with regard to the statement made in paragraphs 4 of the writ petition, the answering deponent begs to state that petitioner of the above note Writ Petition has claimed total amount of Rs.44,18,588/- only as hire charge against the vehicle Nos. AS-01-EV-4295, AS-01-JC-2050 and AS-01-DH-0102. Considering the claim made by the petitioner, the available records were checked and verified and found that 3 numbers of hire charge bills in respect of vehicle No. AS-01-EV-4295, 11 numbers of hire charge bills in respect of vehicles No AS-01-JC-2052 and 9 numbers of hire charge bill in respect of vehicles No AS-01-DH-0102, i.e. total 23 numbers of hire charges bills Page No.# 4/6 amounting to RS. 43,66,260/- were received from the petitioner during the period from 2017 to 2022 on various dates. From the above, it is found that the petitioner has made excess claim of Rs.52,328/- instated of bills amount of RS. 43,66,260/- in the instant writ petition. The reason for claiming excess amounts instead of actual amount is a matter within the knowledge of the petitioner. However, these 23 numbers of bills amounting to RS. 43,66,260/- have already been forwarded to the Sanctioning authority covering 4 number of proposals after observing required formalities to accord sanction and allotment of fund against each proposal. 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: (i) PROPOSAL No. 4373-4376 (RV) DATED 13.06.2024 AS-01 JC- 2052 A/C Bolero 01.01.2022 30.04.2022 Rs. 206700 AS-01 JC- 2052 A/C Bolero 01.09.2022 31.12.2022 Rs. 210146 AS-01 EV- 4295 Gypsy 01.05.2022 31.08.2022 Rs. 124046 AS-01 EV- 4295 Gypsy 01.08.2021 31.12.2021 Rs. 154300 Total Rs. 695192.00 (ii) PROPOSAL No. 4377-4378 (RV) DATED 13.06.2024 AS-01 JC-2052 A/C Bolero 01.07.2018 31.12.2018 Rs. 228068 AS-01 JC-2052 A/C Bolero 01.01.2019 31.07.2019 Rs. 262774 Page No.# 5/6 Total Rs. 490842.00 (iii) PROPOSAL No. 4379-4384 (RV) DATED 13.06.2024 AS-01 JC-2052 A/C Bolero 01.07.2021 21.08.2021 Rs. 64454 AS-01 JC-2052 A/C Bolero 01.01.2021 30.06.2021 Rs. 224350 AS-01 JC-2052 A/C Bolero 01.07.2020 31.12.2020 Rs. 228068 AS-01 JC-2052 A/C Bolero 01.01.2020 30.06.2020 Rs. 225590 AS-01 JC-2052 A/C Bolero 01.08.2019 31.12.2019 Rs. 189644 AS-01 JC-2052 A/C Bolero 01.07.2017 31.12.2017 Rs. 228068 Total Rs. 1160174.00 (iv) PROPOSAL No. 4385-4395 (RV) DATED 13.06.2024 AS-01 JC-2052 A/C Bolero 01.10.2021 31.12.2021 Rs. 114034 AS-01 DH-0102 M/Thar 01.07.2018 31.12.2018 Rs. 191268 AS-01 DH-0102 M/Thar 01.01.2019 30.06.2019 Rs. 188150 AS-01 DH-0102 M/Thar 01.07.2019 31.12.2019 Rs. 191268 AS-01 DH-0102 M/Thar 01.01.2020 30.06.2020 Rs. 189190 AS-01 DH-0102 M/Thar 01.07.2020 31.12.2020 Rs. 191268 AS-01 DH-0102 M/Thar 01.01.2021 30.06.2021 Rs. 188150 AS-01 DH-0102 M/Thar 01.07.2021 31.12.2021 Rs. 191268 AS-01 DH-0102 M/Thar 01.01.2022 30.06.2022 Rs. 224350 AS-01 DH-0102 M/Thar 01.07.2022 31.12.2022 Rs. 228068 AS-01 EV-4295 Gypsy 01.09.2022 31.12.2022 Rs. 123038 Total Rs. 2020052.00 6. That with regard to the statement made in paragraphs 5 & 6 of the writ petition, the answering deponent has already stated in this context in the forgoing para 5 of the reply statement. It is further stated that as soon as allotment of fund against each proposal is received from the sanctioning authority, required steps will be taken to make payment of the claim amount to the petitioner.” 6. Upon perusal of the materials on record, and more particularly Page No.# 6/6 the paragraphs quoted herein above, it would be seen that the respondents, therefore, admit that the petitioner is entitled to the amount of Rs. 43,66,260/-. 7. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioner is entitled to the amount of Rs.43,66,260/- as admitted by the respondents. ii) The said amount of Rs.43,66,260/- be paid to the petitioner within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.2, i.e. the Director General of Police, Assam, Guwahati. JUDGE Comparing Assistant