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2025 DAILYLAW 24953 (GAU)

ABHAY KUMAR DAS v. THE STATE OF ASSAM AND 4 ORS

WP(C)/4496/2025 · 2025-11-20

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010168582025 2025:GAU-AS:16041 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4496/2025 ABHAY KUMAR DAS S/O LATE BANTI RAM DAS, R/O VILL- DIHINA, P.O.- DIHINA, P.S.- HAJO, DIST- KAMRUP (R), PIN-781382, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006, KAMRUP (M), ASSAM 2:THE COMMISSIONER OF POLICE ASSAM POLICE COMMISSIONERATE M.G. ROAD PANBAZAR GUWAHATI-781001 KAMRUP (M) ASSAM 3:THE DIRECTOR GENERAL OF POLICE GUWAHATI-7 ASSAM 4:THE MOTOR TRANSPORT OFFICER POLICE RESERVE ASSAM POLICE COMMISSIONERATE M.G. ROAD PANBAZAR GUWAHATI-781001 KAMRUP (M) ASSAM 5:ADDITIONAL DISTRICT MAGISTRATE Page No.# 2/5 KAMRUP (M) DISTRICT GUWAHATI-1 ASSA For the Petitioner(s) : Mr. A. Deka, Advocte For the Respondent(s) : Mr. K. Gogoi, Addl. Sr. Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 21.11.2025 Heard Mr. A. Deka, the learned counsel appearing on behalf of the petitioner and Mr. K. Gogoi, the learned Additional Senior 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. 13,78,822/- to the petitioner. 3. The case of the petitioner herein is that the petitioner is a registered owner of the vehicle bearing Registration No. AS-01- EA-5039 (TATA SUMO). The Respondent Authorities hired the vehicles of the petitioner on different dates for their emergency use. Thereafter, the petitioner submitted the total bill along with the original hiring orders before the authorities for making payment of his dues amounting to Rs.13,78,822/-. However, the said amount has not been paid to the petitioner. Page No.# 3/5 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.13,78,822/- due to the petitioner, 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. K. Gogoi, the learned Additional Senior Government Advocate has placed before this Court an instruction issued by the Deputy Commissioner of Police (Crime), Guwahati. From a perusal of the said instruction, it is seen that the Respondent Authorities have admitted their liability for amounts of Rs. 11,54,472/- and Rs. 2,24,350/-. The details can be seen in paragraph Nos. 4 and 5 of the said instruction which being relevant are reproduced herein under: “4. That with regard to the statement made in paragraph-5 of the Writ Petition, the answering deponent begs to state that to ascertain the correctness of the claimed amount of Rs. 13,78,822/-, needs to be examined with the concerned records:- Page No.# 4/5 The facts reveal from the records that the bills received from the petitioner are in order. Accordingly, after completion of required formalities all the bills have been forwarded to the Sanctioning Authority, i.e. Assam Police Headquarters to accord approval of sanction and allotment of fund under the following proposals. Proposal No. 2103-2110 (RV) dated 08.10.2025 Sl No. Vehicle No. Vehicle Type Period Amount in Rs. 1 AS-01- EA-5039 T/Sumo 01.01.2021 30.06.2021 224350.00 2 -Do- -Do- 01.07.2022 31.12.2022 228068.00 3 -Do- -Do- 01.01.2023 31.03.2023 111556.00 4 -Do- -Do- 01.12.2023 31.12.2023 46110.00 5 -Do- -Do- 01.07.2024 30.09.2024 136840.00 6 -Do- -Do- 01.04.2024 30.06.2024 135354.00 7 -Do- -Do- 01.10.2024 31.12.2024 136840.00 8 -Do- -Do- 01.01.2024 31.03.2024 135354.00 Total 1154472.00 Proposal No. 3052 (RV) dated 10.11.2025. Sl No. Vehicle No. Vehicle Type Period Amount in Rs. 1 AS-01-EA- 5039 Gypsy 01.01.2022 30.06.2022 224350.00 Total 224350.00 5. That with regard to the statements made in paragraphs-6, 7, 8, 9 &10 of the Writ Petition, the answering deponent begs to state that bills received from the petitioner have already been forwarded to the Assam Police Headquarters to accord approval of sanction and allotment of fund. It is further stated that Page No.# 5/5 the matter related to the release of fund against the proposals amount always depend upon the Govt., which are yet to be received and as such the outstanding dues payable to the petitioner is pending.” 6. Upon perusal of the materials on record, and more particularly the paragraphs quoted herein above, it would be seen that the respondents, therefore, admit that the petitioner is entitled to the amounts of Rs. 13,78,822/-. 7. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioner is entitled to the amount of Rs.13,78,822/- as admitted by the respondents. ii) The said amount of Rs.13,78,822/- 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.3, i.e. the Director General of Police, Assam, Guwahati. JUDGE Comparing Assistant