Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010050352025
2025:GAU-AS:8782
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1385/2025 PRADIP TALUKDAR S/O. LT. TARANI TALUKDAR, R/O. H. NO. 9, NEAR ASSAM ENGINEERING INSTITUTE, CHANDMARI, GUWAHATI-03, KAMRUP 9M0, ASSAM. VERSUS THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY, HOME DEPARTMENT, GOVT. OF ASSAM, DISPUR, GUWAHATI-6.
2:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-007.
3:THE COMMISSIONER OF POLICE GUWAHATI CITY PANBAZAR GUWAHATI-1 ASSAM.
4:THE DISTRICT COMMISSIONER KAMRUP (M) LICHUBAGAN HENGRABARI ASSAM GUWAHATI-36.
5:THE ADDITIONAL DISTRICT MEGISTRATE KAMRUP (M) LICHUBAGAN
Page No.# 2/4 HENGRABARI ASSAM GUWAHATI-36.
6:THE MOTOR TRANSPORT OFFICER POLICE RESERVE PANBAZAR GUWAHATI DIST. KAMRUP (M0 ASSAM Advocate for the Petitioner : MR T CHHETRI, MR. A GANGULY Advocate for the Respondent : GA, ASSAM,
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER 27.06.2025
1. Heard Mr. A. Ganguly, learned counsel for the petitioner. Also heard Ms. U. Das, learned State counsel representing the respondents.
2. It is the case of the petitioner that the vehicles of the petitioner were hired for the period w.e.f. 01.01.2022 to 31.03.2023 by the concerned Additional District Magistrate, Kamrup (M) for public service and for the purpose of maintenance of law and order in the State.
3. It is the grievance of the petitioner that though the petitioner has provided due service, however, an amount of Rs. 1,22,89,203.00/- against hiring charges still remains unpaid. Accordingly, the petitioner has approached this Court.
4. The vehicles were allegedly used by the Police department for the purpose of law and order duties and accordingly the Commissioner of
Page No.# 3/4 Police, Guwahati, was made a party respondent in this writ petition.
5. The respondent No. 3 i.e. the Deputy Commissioner of Police (Admn), Guwahati, has filed an affidavit and a stand is taken in the affidavit that though the petitioner has claimed an amount of Rs. 1,22,89,203/-, however, actual amount of due should be Rs. 1,15,10,897/-. The respondent No. 3, has also disclosed in a tabular form at paragraph 6 of the affidavit-in-opposition, the details of the vehicles, which they have used and the amount due against it.
6. Mr. Ganguly, learned counsel for the petitioner submits that the petitioner will accept the amount determined and admitted by the respondent Police Department as hiring charges and therefore, this writ petition may be
disposed of directing the respondent authorities to pay the aforesaid admitted amount within a time frame.
7. At this stage, Ms. U. Das, learned State counsel submits that though the respondent No. 3 admits the due, however, for payment of aforesaid due, the approval and sanction of the Director General of Police, Assam as well as the Home & Political Department, Government of Assam shall be required. Therefore, the aforesaid two authorities is required to verify the final amount.
8. Considering the matter in entirety, the writ petition is disposed of providing that Director General of Police, Assam as well as the competent authorities in Home & Political Department, Government of Assam, shall verify the petitioner’s claim taking note of the stand of the respondent No. 3 as well as the proposal sent by the said respondent and after verification of such proposal, the admitted due be paid to the petitioner.
9. The respondent authorities shall complete the verification process within
Page No.# 4/4 six weeks from the date of receipt of the certified copy of this order to be furnished by the petitioner before the concerned authority and pay the amount, if found due, within a period of eight weeks thereafter.
10. This disposes the writ petition. JUDGE Comparing Assistant