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2026 DAILYLAW 2013 (GAU)

PATIRAM TRIPURA v. THE STATE OF ASSAM AND 4 ORS

WP(C)/6594/2025 · 2026-03-08

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010251802025 2026:GAU-AS:3513 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6594/2025 PATIRAM TRIPURA S/O- MANDAM TRIPURA, R/O- JAMIRA PT-IV, HAILAKANDI, ASSAM- 788162. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006, KAMRUP METRO, ASSAM 2:THE DIRECTOR GENERAL OF POLICE GUWAHATI-7 ASSAM 3:THE COMMISSIONER OF POLICE GUWAHATI ASSAM POLICE COMMISSIONERATE M.G. ROAD PANBAZAR GUWAHATI-781001 KAMRUP METRO ASSAM 4:THE MOTOR TRANSPORT OFFICER POLICE RESERVE ASSAM POLICE A.T. ROAD PANBAZAR GUWAHATI-781001 KAMRUP METRO ASSAM Page No.# 2/6 5:ADDITIONAL DISTRICT MAGISTRATE KAMRUP METROPOLITAN DISTRICT GUWAGHATI-1 ASSAM B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. AK Sarma Advocates for the respondent(s) : Mr. K Gogoi Addl. Senior Govt. Advocate Date on which Judgment is reserved : NA Date of Pronouncement of Judgment : 09.03.2026 Whether the Pronouncement is of the : NA Operative Part of the Judgment Whether the Full Judgment has been : Yes Pronounced JUDGMENT & ORDER (ORAL) Heard Mr. AK Sarma, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. K Gogoi, the learned Addl. Senior Govt. Advocate, Assam who appears on behalf of the respondents. Page No.# 3/6 2. It is the case of the petitioner that he is a registered owner of 4(four) vehicles bearing Registration Nos. AS-01-FR-3415 (BOLERO AC); AS-01-FF-5667 (BOLERO AC); AS-24-B-6098 (TATA SUMO) and AS-01-DX-7026 (INNOVA). The learned counsel for the petitioner submitted that the aforesaid vehicles were hired by the Respondent Authorities in lieu of payment. Pursuant thereto, the petitioner duly submitted the hire charge bills against the aforesaid requisitioned vehicles for a total amount of Rs.35,58,471/-. The said bills were duly received and acknowledged by the office of the respondent No.3. 3. The learned counsel for the petitioner further submitted that the aforesaid amount has been duly verified by the Respondent authorities, however, despite such verification, the outstanding dues have not been released to the petitioner till date. In addition to that, the learned counsel for the petitioner submitted that the petitioner had submitted various representations to the Respondent Authorities for release of the outstanding dues, however, an amount of Rs. 35,58,471/- is still pending. 4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter delinquently with the respondents, but the respondent authorities have not shown any interest in making the payment of the admitted amount of Rs. 35,58,471/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the respondent authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner. Hence, the petitioner being aggrieved has approached this Court by filing the instant writ petition. Page No.# 4/6 5. Mr. K Gogoi, the learned Additional Senior Government Advocate has placed before this Court the para-wise comments filed by the Deputy Commissioner of Police (Crime), Guwahati, which is kept on record and marked with the letter ‘X’. 6. From a perusal of the said para-wise comments, it is seen that the respondent authorities have admitted their liability of an amount of Rs.35,25,017/-. The details can be seen in paragraph No.4 of the said para-wise comment which being relevant is reproduced herein under:- “4. That with regard to the statement made in paragraph - 8 of the Writ Petition, the answering deponent begs to state that petitioner has submitted 22 No's of bills claiming an amount of Rs. 35,58,471/- (thirty-five Lakhs fifty-eight thousand four hundred seventy-one) only as outstanding dues. Since, the petitioner has claimed huge amount of outstanding dues on account of hiring of the above noted vehicles, the matter needs to be examined to ascertain the correctness of the claimed. Accordingly, bills records were examined and found the following facts: - (I) From the preliminary examination of the hire charge bills record, it reveals that petitioner has submitted declaration for One Time Settlement i.e deduction of 20% against 2 (two) numbers of bills. Accordingly, these 2 (two) bills were prepared by deducting 20% from the per diem hire charge and forwarded to the Assam Police Headquarters along with 20 (Twenty) numbers of Bills to accord approval of sanction. (II) That due to the deduction of 20% from the 2 (two) bills, an Page No.# 5/6 amount of Rs.33,454/- (thirty-three thousand four hundred fifty-four) only have been deducted from the hire charge per diem claimed. Therefore, the actual claim stand as Rs.35,25,017/- (thirty-five lakhs twenty-five thousand & seventeen) only. The details of the proposals for an amount of Rs.35,25,017/- have already been forwarded to the sanctioning authority in the following manner: A. Proposal No. 631-633 (RV) dated 13.05.2025 (20%) containing 2 (two) No's of hire charge bills amounting to Rs.2,41,822/-. B. Proposal No. 3430-3441 (RV) dated 13.01.2026 containing 12 (twelve) No's of hire charge bills amounting to Rs. 20,29,733/-. C. Proposal No. 3442-3446 (RV) dated 13.01.2026 containing 5 (five) No's of hire charge bill amounting to Rs. 9,52,527/-. D. Proposal No. 3238-3244 (RV) dated 08.02.2024 containing 2 (Two) No's of hire charge bill amounting to Rs.2,72,349/-. E. Proposal No. 2124-2139 (RV) dated 08.12.2023 containing 1 (one) No of hire charge bill amounting to Rs. 28,586/-.” 7. Upon perusal of the materials on record, and more particularly the paragraph quoted-above, it would be seen that the respondents, therefore, admit that the petitioner is entitled to the amount of Rs.35,25,017/-. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioner is entitled to the amount of Rs.35,25,017/- as admitted by the respondents. ii) The said amount of Rs.35,25,017/- be paid to the petitioner within a period of 6 (six) months from the date, a certified copy of the instant order Page No.# 6/6 is served upon the respondent No.2, i.e. the Director General of Police, Assam, Ulubari, Guwahati. JUDGE Comparing Assistant