Page No.# 1/6 GAHC010040182024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1083/2024 RUKBUL SHEIKH S/O LATE NAJIR SHEIKH VILL- PAIKAN PART-II P.O. AND P.S. KRISHNAI DIST. GOALPARA ASSAM PIN NO. 783126 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-6. 2:THE DEPUTY COMMISSIONER GOALPARA P.O. GOALPARA DIST. GOALPARA ASSAM PIN-783101 3:THE SUPERINTENDENT OF POLICE GOALPARA P.O. GOALPARA Page No.# 2/6 DIST. GOALPARA ASSAM PIN-783101 4:THE OFFICER-IN-CHARGE KRISHNAI POLICE STATION KARISHNAI P.O. KRISHNAI DIST. GOALPARA ASSAM PIN-783126 ------------ Advocate for : MR. N UDDIN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 03.12.2025 Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Ms. U .Das, learned Additional Senior Government Advocate, appearing for the State respondents. 2. The petitioner by way of instituting the present proceedings has prayed for issuance of a direction upon the respondent authorities to pay an amount of Rs.5,65,429/-(Rupees Five Lakhs Sixty Five Thousand Four Hundred Twenty Nine) only, being the contractual dues receivable by the petitioner in lieu of the requisition of his vehicle for the purpose of law and order duty by the State respondents. The petitioner, who is the registered owner of a vehicle bearing Registration No.ML-08C-7120 (Winger), has projected in the writ petition that the said vehicle of the petitioner was initially requisitioned for a period w.e.f. 28.11.2019 to 29.01.2020. Thereafter, the vehicle was again requisitioned for a period w.e.f. 30.01.2020 to 04.07.2020. The vehicle of the petitioner again came to be requisitioned w.e.f. 05.07.2020 to 11.10.2020. It is further projected that the vehicle on being requisitioned was being driven by a driver who was engaged by the petitioner and the petitioner was paying the monthly salaries of the driver. In connection with the requisition of the vehicle of the petitioner, for the periods noticed hereinabove, the petitioner had raised a total bill for an amount of Rs.5,65,429/-(Rupees Five Lakhs Sixty Five Thousand Four Hundred Twenty Nine) only. The said bills were submitted in parts before the Superintendent of Police, Goalpara, Assam. The bills were, thereafter, forwarded to the establishment of the Deputy Commissioner, Goalpara, for further necessary action. The bills of the Page No.# 4/6 petitioner, having remained unpaid, he has instituted the present proceedings. 3. Mr. N. Uddin, learned counsel for the petitioner, by reiterating the facts noticed, hereinabove, has submitted that the dues receivable by the petitioner being admitted by the respondents, the delay occasioning in release of the amounts involved, has caused severe prejudice to the interest of the petitioner. He submits that the petitioner has been maintaining his family from the earnings of his aforesaid vehicle. 4. Ms. U. Das, learned counsel for the respondents, by referring to the affidavit filed by the Senior Superintendent of Police, Goalpara, in the matter, has submitted that the contentions of the petitioner, that his vehicle was so requisitioned for varying periods, on 3 (three) different occasions, is admitted to by the respondents. It is further submitted by Ms. U. Das, that the outstanding bills submitted by the petitioner, in connection with the requisition of his vehicle, was forwarded to the establishment of the Deputy Commissioner, Goalpara, on 23.08.2023, however the status of processing of the said bills have not been communicated to the Office of the Senior Superintendent of Police, Goalpara. 5. I have heard the learned counsel for the parties and also perused the materials brought on record. 6. The petitioner’s vehicle was requisitioned by the respondent authorities for varying periods on 3 (three) different occasions i.e., for the periods w.e.f. 28.11.2019 to 29.01.2020, 30.01.2020 to 04.07.2020, 05.07.2020 to 11.10.2020. The petitioner for the said periods when his vehicle was taken on requisition by the respondent no.3 had submitted separate bills. For the period of requisition w.e.f. 28.11.2019 to 29.01.2020 a bill for an amount of Rs.1,11,668/- (Rupees One Lakh Eleven Thousand Six Hundred Sixty Eight) only was submitted. Accordingly for the period of requisition of the vehicle w.e.f 30.01.2020 to 04.07.2020, a bill for an amount of Rs. 2,78,283/-(Rupees Two Lakhs Seventy Page No.# 5/6 Eight Thousand Two Hundred Eighty Three) only was submitted. Likewise for the period of requisition of the vehicle w.e.f. 05.07.2020 to 11.10.2020, bill for an amount of Rs.1,75,478/- (Rupees One Lakh Seventy Five Thousand Four Hundred Seventy Eight) only, came to be submitted. The amount involved in the above bills works out to Rs.5,65,429/-(Rupees Five Lakhs Sixty Five Thousand Four Hundred Twenty Nine). 7. The respondents in their affidavit have not denied the contentions raised by the petitioner in his writ petition of the period of requisition of the vehicle and of the amount involved in the bills raised by him in this connection. The only stand taken in the affidavit-in-opposition is to the effect, the bills on being received in the office of the Senior Superintendent of Police, Goalpara, the same were forwarded to the establishment of the Deputy Commissioner, Goalpara, for further process. 8. In view of the above position, the requisition of the vehicle of the petitioner, not being disputed and further the bills raised by the petitioner also being found to have been disputed, this Court is of the considered view that the petitioner is eligible for a direction for release of his pending contractual dues in connection with the requisition of his vehicle i.e., Winger bearing Registration No.ML-08C- 7120. 9. In view of the above discussion, the petitioner is directed to submit a representation before the respondent no.3, and along with a certified copy of this order staking a claim for being release of his pending contractual dues amounting to Rs.5,65,429/-(Rupees Five Lakhs Sixty Five Thousand Four Hundred Twenty Nine) only. The respondent no.3 along with respondent no.2, shall verify the bills submitted by the petitioner in the light of the contemporaneous records maintained in their respective establishment with regard to requisition of the vehicle of the petitioner, herein. On such examination being made the respondent Page No.# 6/6 nos.2 & 3 shall determine the amount receivable by the petitioner in lieu of the requisition of his vehicle by the respondent no.3. On the amount receivable by the petitioner being determined, the respondent nos.2 & 3 shall release to the petitioner the said amount within a period of 6(six) months from the date of receipt of a certified copy of this order. 10. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant