Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010128572025
2025:GAU-AS:14796
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3400/2025 BADAN KALITA S/O- LATE KESHAB RAM KALITA, R/O- H.NO-676-A, MANGLU MIKIR PATH, UPPER HENGRABARI, P.O- HENGRABARI, P.S- DISPUR, DIST- KAMRUP (M), GUWAHATI-36, ASSAM VERSUS THE STATE OF ASSAM AND ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT DISPUR, GUWAHATI-05 2:THE COMMISSIONER OF POLICE ASSAM POLICE COMMISSIONERATE M. G. ROAD PANBAZAR KAMRUP(M) ASSAM GUWAHATI-781001. 3:THE DIRECTOR GENERAL OF POLICE GUWAHATI-7 ASSAM 4:THE ASSTT. INSPECTOR GENERAL OF POLICE (ADMINISTRATION) ULUBARI
GUWAHATI-07 ASSAM 5:THE MOTOR TRANSPORT OFFICER POLICE RESERVE
Page No.# 2/5 ASSAM POLICE COMMISSIONERATE M. G. ROAD PANBAZAR KAMRUP(M) ASSAM GUWAHATI-781001. 6:ADDL. DISTRICT MAGISTRATE KAMRUP (M) GUWAHATI-01 ASSA
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
Advocates for the petitioner(s) : Mr. A Deka
Advocates for the respondent(s) : Ms. U Das Addl. Senior Govt. Advocate
Date of Pronouncement of Judgment : 01.11.2025
JUDGMENT & ORDER(ORAL)
Heard Mr. A Deka, the learned counsel appearing on behalf of the petitioner. Ms. U Das, the learned Addl. Senior Govt. Advocate, Assam appears on behalf of the respondents. 2. The case of the petitioner herein is that the petitioner is engaged in the business of providing vehicles for hire to various Government as well as private organisations. The respondent authorities hired 5(five) Nos. of vehicles of the petitioner on different dates for the purpose of maintaining law and order in the State of Assam during the period
Page No.# 3/5 2022 to 2024. Thereafter, the petitioner submitted the hire charge bills along with the original hiring orders before the authorities for making payment of his dues amounting to Rs.31,82,138.00P. However, the said amount has not been paid to the petitioner. 3. 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.31,82,138.00P 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. 4. Ms.
U. Das, the learned Additional Senior Government Advocate has placed before this Court an affidavit-in-opposition filed by the respondent No.2. From a perusal of the said affidavit-in-opposition, it is seen that the respondent authorities have admitted their liability of an amount of Rs.31,82,138.00P. The details can be seen in paragraph No.6 of the said affidavit-in-opposition which being relevant is reproduced herein under:-
“6. That with regard to the statement made in paragraph — 5 of the Writ Petition,
Page No.# 4/5 the answering deponent begs to state that in view of the outstanding claimed of Rs.31,82,138/- made by the petitioner in the instant petition, the available records were scrutinised and found in order. Accordingly, these bills have been forwarded to the Assam Police Headquarters vide Proposal Nos. 1185-1199 (RV) dated 03.07.2025 to accord approval of sanction and allotment of fund required to credit the same to the Bank Account of the petitioner. The details are as follows: - Sl.No. Registration No. Type
of Vehicle From To Amount in Rs. 1. AS-01-EC-5563 M/Bus 01.04.2024 30.06.2024 2,40,022/-
2. AS-01-EC-5563 M/Bus 01.07.2024 30.09.2024 2,42,660/-
3. AS-01-EC-5563 M/Bus 01.10.2024 31.12.2024 2,42,660/-
4. AS-01-FS-8291 Scorpio 01.04.2024 30.06.2024 2,20,489/-
5. AS-01-FS-8291 Scorpio 01.07.2024 30.09.2024 2,22,912/-
6. AS-01-FS-8291 Scorpio 01.10.2024 31.12.2024 2,22,912/-
7. AS-25-T-9485 Scorpio 01.04.2024 02.05.2024 69,854/-
8. AS-25-T-9485 Scorpio 01.07.2024 30.09.2024 2,00,832/-
9. AS-01-FX-6835 Scorpio 01.10.2024 31.12.2024 2,22,912/-
10. AS-01-FX-6835 Scorpio 01.05.2024 30.06.2024 1,47,799/-
11. AS-01-FX-6835 Scorpio 01.07.2024 30.09.2024 2,22,912/-
12. AS-01-HC-8593 M/Bus 01.04.2024 30.06.2024 2,40,022/-
13. AS-01-HC-8593 M/Bus 01.07.2024 30.09.2024 2,42,660/-
14. AS-01-HC-8593 M/Bus 01.10.2024 31.12.2024 2,42,660/- 15 AS-25-T-9485 Scorpio 01.10.2024 31.12.2024 2,00,832/-
5. Upon perusal of the materials on record, and more particularly the paragraph quoted above, it would be seen that the respondents, therefore, admit that the petitioner is entitled to the amount of Rs.31,82,138.00P. Accordingly, the writ petition is disposed of with the following observations and directions:-
Page No.# 5/5 i) The petitioner is entitled to the amount of Rs.31,82,138.00P as admitted by the respondents.
ii) The said amount of Rs.31,82,138.00P 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, Ulubari, Guwahati-7. JUDGE Comparing Assistant