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2026 DAILYLAW 16222 (GAU)

DHARMENDRA BORA v. SHRI DIGANTA BORAH, IPS AND ORS

Cont.Cas(C)/326/2026 · 2026-10-06

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/5 GAHC010112772026 2026:GAU-AS:15111 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Cont.Cas(C)/326/2026 DHARMENDRA BORA, S/O LATE JATIN BORA, R/O - H.B. ROAD, MACKHOWA, P.O. P.S.- BHARALUMUKH,GUWAHATI -781009,DISTRICT- KAMRUP METRO, ASSAM VERSUS SHRI DIGANTA BORAH, IPS AND ORS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-781006. 2:SHRI JAYANT NARLIKAR IAS COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 3:SHRI HARMEET SINGH IPS THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007. 4:PARTHA SARATHI MAHANTA IPS COMMISSIONER OF POLICE ASSAM ULUBARI Page No.# 2/5 GUWAHATI-781007 5:TAPAN KONWAR THE MOTOR TRANSPORT OFFICER (MTO) OFFICE OF THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007. 6:MR. DHANJIT KALITA THE MOTOR TRANSPORT OFFICER (MTO) POLICE RESERVE PANBAZAR GUWAHATI DIST.- KAMRUP(M) ASSAM For the Petitioner(s) : Mr. A. Das, Advocate For the Respondent(s) : Mr. D. Nath, Sr. Govt. Advocate Mr. A. Chaliha, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 07.10.2026 This is an application filed alleging willful and deliberate violation of the order dated 17.09.2025 passed in WP(C) No. 2542/2025 whereby this Court had passed the following directions as contained at paragraph No. 5 of the said order. The said paragraph is reproduced hereinbelow: Page No.# 3/5 “5. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- i) The Respondent Authorities shall verify as to whether the vehicle i.e. Mahindra Thar CRDE bearing Registration No.AS-01-EE-5011 was taken on hire by the respondent authorities on daily rent basis at Rs.990/- per day and Rs.200/- as driver’s allowances. ii) The Respondent Authorities shall also verify as to whether the petitioner had submitted the requisite bills/documents which are required for the purpose of releasing the outstanding amount as claimed by the petitioner. iii) The Respondent Authorities shall also verify the entitlement of the petitioner to the outstanding dues, and if upon verification in the manner stated above, it is found that the petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the petitioner. iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondents, more particularly, the respondent No.3, i.e. the Director General of Police, Assam Ulubari, Guwahati:781007.” 2. In pursuance to the verification so carried out, an amount of Rs. 13,86,462/- was found payable and had been paid to the petitioner. 3. This Court, vide an order dated 18.09.2026 sought instructions from the learned counsel for the petitioner as to whether the said amount has been received. Page No.# 4/5 4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has received an amount of Rs. 13,86,462/-. The learned counsel appearing on behalf of the petitioner further submitted that the amount to which he was entitled has not been paid and as such, it would not amount to compliance with the order dated 17.09.2025 passed in WP(C) No. 2542/2025. 5. This Court, at paragraph No. 5 of the order dated 17.09.2025 which is reproduced hereinabove had categorically directed the respondents to carry out the verification and thereupon pay only the amount which upon verification, is found to be due to the petitioner. 6. In the instant case, upon verification, it was found that the petitioner was only entitled to an amount of Rs. 13,86,462/-. The said amount has been paid. 7. Considering the above, it is the opinion of this Court that there has been substantial compliance with the order dated 17.09.2025 passed in WP(C) No. 2542/2025, for which the contempt proceeding stands dropped. 8. Before parting with the record, this Court, however, observes that if the petitioner is dissatisfied with the amount, the petitioner would be at liberty to approach the Civil Court as Page No.# 5/5 regards his entitlement. JUDGE Comparing Assistant