Page No.# 1/5 GAHC010049872025 2025:GAU-AS:8107 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1403/2025 M/S SHREE GANESH TOURS AND TRAVELS A SOLE PROPRIETORSHIP FIRM, HAVING ITS REGISTERED OFFICE AT HOUSE NO. 20, HEMGIRI PATH, SOUTH SARANIA, ULUBARI, GUWAHATI- 781007 REPRESENTED BY ITS PROPRIETOR TARALI DAS, 48 YEARS, DAUGHTER OF MAHIKANTA DAS, RESIDENT OF HOUSE NO. 20, HEMGIRI PATH, SOUTH SARANIA, ULUBARI, GUWAHATI-781007 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, TRANSPORT DEPARTMENT, DISPUR, GUWAHATI, PIN - 781006. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI PIN-781006 3:THE DISTRICT COMMISSIONER/ DISTRICT MAGISTRATE KAMRUP METROPOLITAN DISTRICT GUWAHATI PIN-781001 ASSAM 4:THE COMMISSIONER OF POLICE GUWAHATI CITY GUWAHATI PIN-781008 ASSAM 5:THE COMMISSIONER AND SECRETARY Page No.# 2/5 GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 DIST- KAMRUP ASSA Advocate for the Petitioner : MR. T K MISRA, MR. A. GAYAN,DIPTI CHAKRAVARTY,MR. P K MUNIR Advocate for the Respondent : SC, TRANSPORT DEPARTMENT, ASSAM, SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 18.06.2025 Heard Mr. T.K. Misra, learned counsel for the petitioner. Also heard Ms. M.D. Bora, learned counsel for the respondent No.1. Ms. U. Das, learned counsel appears for the respondent Nos.2, 3 & 4, while Mr. A. Chaliha, learned counsel appears for the respondent No.5. 2. The petitioner’s case is that the petitioner firm has been rendering transportation services in the Greater Guwahati area and its adjacent areas through it’s agents, who are owners of vehicles. The vehicles of the petitioner firm have been requisitioned by the District Magistrate and by the police for various purposes since 2020 and that the bills of the petitioner amounting to Rs.8,03,86,322/- has not been paid by the respondents. 3. Ms. U. Das, learned counsel for the respondent Nos.2, 3 & 4 submits that on verification of the 564 bills and vouchers submitted by the petitioner firm, it has been found that the actual amount payable to the petitioner is Page No.# 3/5 Rs.8,10,68,087/-, though the amount claimed by the petitioner is Rs.8,03,86,322/-. Further, the petitioner had made a claim on the basis of only 559 bills, though it should have been 564 bills. She submits that Rs.8,10,68,087/- would be paid to the petitioner, when the sanctioning authority gives sanction for payment and fund is allotted to the respondent Nos.2, 3 & 4. 4. Ms. M.D. Bora, learned counsel for the respondent No.1 submits that the respondent No.1 has got no role to play with regard to the issue raised in the present writ petition. 5. I have heard the learned counsels for the parties. 6. The extract of Para 10 of the affidavit-in-opposition filed by the respondent No.4 is reproduced hereinbelow as follows:- “10. That with regard to the statement made in paragraph no. 12 of the writ petition, the answering deponent begs to state that it appears from the statement made in this para of the writ petition that an outstanding bill amount to Rs. 8,03,86,322/. (Rupees Eight Crores Three Lakh Eighty Six Thousand Three Hundred Twenty Two) only are pending. Considering the claimed made by the petitioner associations, the concerned records were checked and verified to ascertain whether the petitioner associations has submitted bills as per the claims. From the verifications of the records available it is seen that all total 564 numbers of bills amounting to Rs. 8,10,68,087/.( Rupees Eight Crores Ten Lakh Sixty Eight Thousand Eighty Seven) only were received from the petitioner association by the Motor Transport Officer, Police Reserve, Guwahati on various dates during the period from 2020 to 2024. The Motor Transport Officer, Police Reserve, Guwahati has verified all the bills received from the petitioner associations and found all the bills are submitted as per the rate fixed by the Government of Assam, Transport Department in their notification dated 06.02.2014 and dated 27.08.2023 and the claimed made in these bills are Page No.# 4/5 in order. Thereafter, these bills were forwarded to the office of the Commissioner of Police, Guwahati for sending proposals to the sanctioning authority to accord approval of sanction and allotment of fund required against each proposal. The deponent further begs to sate that the Annexure.6 of the writ petition reveals that petitioner association has claimed for due amount in respect of 559 numbers of bills, but after verification of the records, it is found that petitioner association has submitted 564 numbers of bills. Therefore, the actual amount comes to Rs. 8,10,68,087/.( Rupees Eight Crores Ten Lakh Sixty Eight Thousand Eighty Seven) instead of claim amount of Rs. 8,03,86,322/.(Rupees Eight Crores Three Lakh Eighty Six Thousand Three Hundred Twenty Two). It is to be stated herein that, all the bills received from the petitioner association have been forwarded to the sanctioning authority after completion of reverification and observing required formalities for according approval of sanction and allotment of the fund required to make payment to the petitioner. It is stated that all the bills have been forwarded to the sanctioning authority in 12 (Twelve) numbers of proposals which are as follows:.” 7. As can be seen from the above stand taken by the respondents, the petitioner had made a claim for payment of Rs.8,03,86,322/- on the basis of 559 number of bills submitted by him. However, the same had been clarified by the State respondents, by stating that the petitioner had actually submitted 564 bills amounting to Rs.8,10,68,087/- 8. In view of the admission made by the respondents that they are liable to pay to the petitioner the amount of Rs.8,10,68,087/-, the respondents are directed to sanction the admitted amount payable to the petitioner and the respondent Nos.2, 3 & 4 shall accordingly ensure that the petitioner is paid the admitted amount. The said exercise should be concluded within a period of 4(four) months from the date of receipt of a certified copy of this order. Page No.# 5/5 9. The writ petition is accordingly disposed of. JUDGE Comparing Assistant