Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010208962025
2026:GAU-AS:1979
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5703/2025 SAFIUR RAHMAN SON OF LATE SAHABUDDIN AHMED RESIDENT OF RAMRAIPARA PATHAUGHAT SIPAJHAR P.O. PATHARUGHAT P.S. SIPAJHAR DISTRICT- DARRANG PIN-784144. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY HOME AND POLITICAL DEPARTMENT DISPUR GUWAHATI-781006 KAMRUP (M) ASSAM. 2:THE COMMISSIONER OF POLICE ASSAM POLICE COMMISSIONERATE M.G. ROAD PANBAZAR GUWAHATI-781001 KAMRUP (M) ASSAM. 3:THE DIRECTOR GENERAL OF POLICE GUWAHATI-7 ASSAM
Page No.# 2/4 4:THE MOTOR TRANSPORT OFFICER POLICE RESERVE ASSAM POLICE COMMISSIONERATE M.G. ROAD PANBAZAR GUWAHATI-781001 KAMRUP(M) ASSAM. 5:ADDITIONAL DISTRICT MAGISTRATE KAMRUP (METROPOLITAN) DISTRICT GUWAHATI-1 ASSAM. ------------ Advocate for : MR. A DEKA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER
11/02/2026 Heard Mr. A Deka, learned counsel for the petitioner and Mr. K Gogoi, learned Additional Senior Government Advocate, Assam, appearing for the State respondents. 2. The petitioner by way of instituting the present proceedings has prayed for a direction upon the respondent authorities to release to him, his outstanding dues, amounting to Rs.56,53,800/- (Rupees Fifty Six Lakhs Fifty Three Thousand Eight hundred), receivable by him on account of hiring of his vehicles by the respondent authorities. 3. As projected in the writ petition, the petitioner is the owner of vehicles, bearing registration Nos. AS-01-DR-4257 (Maruti Gypsy), AS-13-C-6777 (Tata Sumo), AS-13-N-3621 (Bolero) and AS-01-FB-1410 (Bolero). The said vehicles of the petitioner were hired by the respondents for different periods, during the year 2022-2024. 4. The petitioner, for the period the said vehicles were so hired by the respondents, had
Page No.# 3/4 submitted bills and the total amount of the bills so submitted by the petitioner works out to Rs.56,53,800/- (Rupees Fifty Six Lakhs Fifty Three Thousand Eight Hundred). The said amount not having been released by the respondent authorities in spite of repeated approaches made by the petitioner, the petitioner has instituted the present proceedings. 5. Mr. A Deka, learned counsel for the petitioner has reiterated the facts, noticed hereinabove and has submitted that when the hiring of the petitioner’s vehicle is admitted to by the respondent authorities, the amount due as hiring charges for the same could not have been withheld by the respondents and that too, without assigning any reason for the purpose. 6. Mr.
K Gogoi, learned Additional Senior Government Advocate, appearing for the State respondents has submitted that on verification of the bills submitted by the petitioner for the period for which his vehicles were so taken on hire, it was found that the petitioner is entitled to receive an amount of Rs.50,47,988/- (Rupees Fifty Lakhs Forty Seven Thousand Nine Hundred Eighty Eight), out of which an amount of Rs.2,87,646/- (Rupees Two Lakhs Eighty Thousand Six Hundred Forty Six) has already been released to the petitioner. Accordingly, as per the respondent authorities, the admitted outstanding dues receivable by the petitioner works out to Rs.47,60,342/- (Rupees Forty Seven Lakhs Sixty Thousand Three Hundred Forty Two). He submits that the amount was not released to the petitioner on account of dearth of funds and also on account of absence of due approval from the competent authority. 7. I have heard the learned counsels for the parties and also perused the materials available on record. 8. The petitioner in the present proceeding in lieu of hiring of the vehicles, as noticed hereinabove, by the respondent authorities had raised a bill for an amount of Rs.56,53,800/- (Rupees Fifty Six Lakhs Fifty Three Thousand Eight Hundred). However, the respondents in the affidavit filed in the matter has contended that on a verification of the bills so submitted by the petitioner along with the contemporaneous records pertaining to the hiring of the vehicles in question belonging to the petitioner, it was found that the petitioner is entitled to receive total amount of Rs.50,47,988/- (Rupees Fifty Lakhs Forty Seven Thousand Nine
Page No.# 4/4 Hundred Eighty Eight) for the period the said vehicles were so hired by the respondent authorities and Rs.2,87,646/- (Rupees Two Lakhs Eighty Seven Thousand Six Hundred Forty Six) has already been released to the petitioner. Accordingly, the total admitted outstanding dues receivable by the petitioner is Rs.47,60,342/- (Rupees Forty Seven Lakhs Sixty Thousand Three Hundred Forty Two) only. 9.
The respondents in the present proceeding by way of filing an affidavit having admitted their liability with regard to the contractual dues claimed by the petitioner only to an extent of Rs. Rs.47,60,342/- (Rupees Forty Seven Lakhs Sixty Thousand Three Hundred Forty Two), this Court would not be in a position to direct the respondent authorities to release an amount above the admitted amount. 10. In view of the above, the respondents having admitted that the petitioner is entitled to receive an amount of Rs.47,60,342/- (Rupees Forty Seven Lakhs Sixty Thousand Three Hundred Forty Two), the respondents are directed to release to the petitioner his admitted outstanding dues of Rs.47,60,342/- (Rupees Forty Seven Lakhs Sixty Thousand Three Hundred Forty Two) only, within a period of 6 (six) months from the date of receipt of a certified copy of this order. 11. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant