Page No.# 1/3 GAHC010176692026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4545/2026 RASHIDA KHATUN W/O. SAHAD ALI SK, R/O.- ARIFULLA ROAD, WARD NO. 4, DHUBRI TOWN, P.O. AND P.S. DHUBRI, DISTRICT- DHUBRI, ASSAM, PIN 783301. VERSUS THE STATE OF ASSAM AND 4 ORS THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI -781006. 3:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE HEAD QUARTER ULUBARI GUWAHATI- 781007. 4:THE DISTRICT COMMISSIONER DHUBRI DISTRICT- DHUBRI ASSAM PIN- 783301. 5:THE SUPERINTENDENT OF POLICE DHUBRI DISTRICT -DHUBRI ASSA Page No.# 2/3 Advocate for the Petitioner : MR S RAHMAN, MS. S PHUKAN Advocate for the Respondent : GA, ASSAM, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 26.08.2026 Heard Shri S. Rahman, learned counsel for the petitioner, who has approached this Court for release of the dues owing to hiring of a vehicle. It is projected that the petitioner is the owner of a vehicle (Mahindra Bolero) bearing registration No. AS-17-G-2751 which was requisitioned by the respondent authorities. The petitioner had raised bills of Rs.10,32,233/- which was not paid. The petitioner had earlier approached this Court by filing WP(C)/5594/2020 which was disposed of vide an order dated 23.02.2022 by directing examination of the case and make payments of the admissible amount. It is contended that after the said order, an amount of Rs.9,11,209/- has been paid and there is a balance of Rs.1,21,024/- and accordingly the writ petition has been filed. Per contra, Shri M. Chetia, learned State Counsel has submitted that the earlier order of this Court dated 23.02.2022 passed in WP(C)/5594/2020 was only to verify and pay the admissible amount which was accordingly done. He has also submitted that apart from the delay in approaching this Court, he has raised a question as to whether for this amount a writ petition would be maintainable as the same would come within the realm of the disputed questions of fact. On a perusal of the order dated 23.02.2022 passed in the earlier writ proceeding, this Court is of the opinion that the direction passed by this Court Page No.# 3/3 was complied with and upon verification, the admissible amount of Rs.9,11,209/- has been paid. This Court is of the opinion that if the petitioner claims that he is entitled to the balance of Rs.1,21,024/-, the same has to be established in accordance with law and by adducing evidence which would be beyond this scope of this Court exercising jurisdiction under Article 226 of the Constitution of India. Further, the aspect of delay would also come into play. In view of the above, the writ petition is dismissed. Liberty is however granted to the petitioner to approach the appropriate Civil Court for grant of relief, if permitted by law. JUDGE Comparing Assistant