M/S UTPALA TRADERS v. THE STATE OF ASSAM AND 4 ORS.
WP(C)/982/2023 · 2025-06-12
Michael Zothankhuma
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 7508 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7508 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010030372023
2025:GAU-AS:7738
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/982/2023 M/S UTPALA TRADERS REPRESENTED BY PROPRIETOR - SRI BIJU SINHA (59 YEARS), S/O LATE BIREN SINHA, R/O DHARAMNALA, DIPHUR, P.S.-DIPHU, DIST- KARBI ANGLONG, ASSAM-782460 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY, PHE DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-781006 2:THE KARBI ANGLONG AUTONOMOUS COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY DIPHU KARBI ANGLONG ASSAM-782460 3:THE SECRETARY DEPARTMENT OF PHE KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU KARBI ANGLONG ASSAM-782460 4:THE EXECUTIVE ENGINEER PHE DIPHU RURAL W/S DIVISION GOVERNMENT OF ASSAM DIPHU KARBI ANGLONG ASSAM-782460 5:THE ASSISTANT EXECUTIVE ENGINEER PHE DIPHU RURAL W/S DIVISION GOVERNMENT OF ASSAM DIPHU KARBI ANGLONG ASSAM-78246
Page No.# 2/3 Advocate for the Petitioner : MR. A GANGULY, A SARMA,MR. B CHAKRAVARTY,MS. M ROY,MR T CHHETRI Advocate for the Respondent : SC, P H E, SC, K A A C
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER Date : 13.06.2025 Heard Mr. B. Chakravarty, learned counsel for the petitioner. Also heard Mr. J. Chutia, learned counsel for the respondent Nos. 2 to 5. 2. The petitioner prays for a direction to be issued to the respondent authorities, more particularly, the KAAC authorities, to release an amount of Rs.17,47,160/-, for repairing the vehicles of the KAAC. 3. Mr. J. Chutia, learned counsel for the KAAC submits that the respondents admit that the petitioner is to be paid Rs.6,12,302/- and out of the said amount, Rs.2,29,397/- has been paid by way of two separate payments. He accordingly submits that the remaining outstanding balance payable to the petitioner is Rs.3,82,901/-. However, due to non-availability of funds, the said amount could not be paid. He also submits that the petitioner has not allowed the KAAC authorities to take away TATA truck bearing registration No. ASV-1506. 4. Mr. B. Chakravarty, learned counsel for the petitioner submits that the petitioner has not blocked the respondents from taking back their truck, as no repair has been made on the truck due to the absence of a repair/work order. He also submits that the respondents can take away the truck. Page No.# 3/3
5.
On considering the submission made by the learned counsels for the parties and on perusing the contents of the pleadings, this Court finds that the respondents have admitted their outstanding liability towards the petitioner amounting to Rs.3,82,901/-. Accordingly, the KAAC shall pay to the petitioner the balance amount of Rs.3,82,901/-, within a period of 6(six) weeks from the date of receipt of a certified copy of this order. 6. In the meantime, the respondents may take away the truck bearing registration No. ASV-1506 from the custody of the petitioner. 7. The petitioner is also given the liberty to approach the appropriate forum for redressal of his grievance with regard to the rest of the bills, if so advised. 8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant