Page No.# 1/4 GAHC010052802025 2025:GAU-AS:16579 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1480/2025 MRS MEGHALI CHAMUAH D/O- LATE GANESH CHAMUAH,' RESIDENT OF RUDRESWAR APARTMENT, FLAT NO-2-B, DINESH OZAH PATH, P/O- DISPUR, P/S- BHANGAGARH, DISTRICT-, KAMRUP(M), GUWAHATI-781006, ASSAM 2: SRI BASISTHA KALITA S/O- LATE KESHAB KALITA RESIDENT OF RUDRESWAR APARTMENT FLAT NO- 2-B DINESH OZAH PATH P/O- DISPUR P/S-BHANGAGARH DISTRICT- KAMRUP(M) GUWAHATI-781006 ASSA VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE PRINCIPAL SECRETARY, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006, KAMRUP (M), ASSAM 2:THE COMMISSIONER OF POLICE ASSAM POLICE COMMISSIONERATE MG- ROAD PANBAZAR GUWAHATI-781001 KAMRUP(M) ASSAM 3:THE DIRECTOR GENERAL OF POLICE GUWAHATI-7 ASSAM 4:THE ASSISTANT INSPECTOR GENERAL OF POLICE (ADMIN) ULUBARI GUWAHATI-07 ASSAM Page No.# 2/4 5:THE MOTOR TRANSPORT OFFICER POLICE RESERVE ASSAM POLICE COMMISSIONERATE M.G ROAD PANBAZAR GUWAHATI-01 KAMRUP (M) ASSAM 6:ADDL. DISTRICT MAGISTRATE GUWAHATI-01 KAMRUP (M) ASSA Advocate for the Petitioner : Abani Deka, Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 03.12.2025 1. Heard Mr. A. Deka, learned counsel for the petitioners. Also heard Mr. M. Chetia, learned Junior Government Advocate, Assam appearing for the State respondents. 2. By this writ petition, the petitioners are praying for release of outstanding dues amounting to Rs. 20,65,699/- (Rupees Twenty Lakh Sixty Five Thousand Six Hundred Ninety Nine) only, which petitioners claim as hire charges for vehicles used by respondents. 3. It is the case of the petitioners that three vehicles were provided by the petitioners on requisition to the respondent authorities for public service for the purpose of maintaining law and order in the State of Assam. Accordingly, the Additional District Magistrate, Kamrup Metropolitan District requisitioned the Page No.# 3/4 aforesaid vehicles for the period between 05.12.2020 to 31.12.2022 and 01.01.2024 to 31.03.2024 and the vehicle were also deployed by the respondent No. 2 for police services. 4. The learned counsel for the petitioner has submitted that three vehicles provided by the petitioners to the respondent No. 2 had for the period starting from 05.12.2020 to 31.12.2022 and 01.01.2024 to 31.03.2024, the respondent No. 2 had admittedly generated hire charge bills to the tune of Rs. 20,65,699.00 (Rupees Twenty Lakhs Sixty-Five Thousand Six Hundred Ninety-Nine only). The petitioners state that despite the respondent No. 2 having itself raised the hire charge bills, the entire amount of Rs. 20,65,699.00 (Rupees Twenty lakhs sixty- five thousand six hundred ninety-nine only) have not been released to the petitioners. 5. Mr. M. Chetia, learned Junior Government Advocate, Assam appearing for the State respondents has placed before this Court, the instructions issued to his office, where at paragraph 3, the following has been stated:- “3. That with regard to the statement made in paragraph 5 of the writ petition, the answering deponent begs to state that the petitioner has claimed bills amounting to Rs. 20,65,699/- on account of hire charges of the vehicles belongs to her. Considering the claim made by the petitioner in the instant writ petition, the available records were verified and found that petitioner has submitted 9 No's of hire charge bills on various dates during the period from 08.12.2020 to 31.03.2024 as per the rate fixed by the Govt. of Assam Transport Department time to time. It is stated that all the 9 No's of hire charge bills have already been checked and verified with the available records. During verification, it is found that petitioner has made less claim of Rs. 03/-. However, after completion of verification with the available records, these bills have been forwarded to the Sanctioning Authority under cover of 2 no's of proposals vide (1) No. 5151-5164 (RV) dated 10.09.2024 containing 8 No's of bills and (2) No. 50 (RV) dated 05.04.2025 containing 1 bill, total amount of Rs. 20,65,702/- to accord sanction Page No.# 4/4 and allotment of the fund required to credit the same to the Bank Account of the petitioner. It is further stated that the matter relating to the release of hire charges claim amount always depend on the approval of sanction as well as allotment of fund required from the Sanctioning Authority. However, the required sanction and allotment of fund against the above noted 2 (two) No's proposals are yet to be received. Once sanction as well as allotment of fund received, steps will be taken to credit the amount to the bank account of the petitioner maintained in the concerned bank.” 6. From the above, it is seen that the respondent authorities admits that certain amount is payable to the petitioners on the basis of the bills submitted by the petitioners to the respondent authorities with regard to the vehicles which were used by the respondent authorities on hire basis. 7. In view of the above, this Court is of the considered view that for ends of justice, this writ petition can be disposed of in terms of the decision rendered by the Full Bench of this Court in the case of Tamsher Ali and others –vs- State of Assam and others, reported in 2008 (4) GLT 1.(FB) 8. Accordingly, the respondents are directed to verify the claim of the petitioners and thereafter make due payment in respect thereof as per the guideline laid down in the case of Tamsher Ali (supra). 9. Writ petition is disposed of. No costs. JUDGE Comparing Assistant