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)/5707/2025 MD. ISKE ALAM SON OF LATE CHAHABUDDIN AHMED, RESIDENT OF RAMRAIPARA, P.O.
PATHORIGHAT, P.S. SIPAJHAR, DISTRICT- DARRANG, PIN-784144, ASSAM. 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.
4:THE MOTOR TRANSPORT OFFICER POLICE RESERVE ASSAM POLICE COMMISSIONERATE M.G. ROAD PANBAZAR GUWAHATI-781001 KAMRUP(M) ASSAM.
5:ADDITIONAL DISTRICT MAGISTRATE
Page No.# 2/4 KAMRUP (METROPOLITAN) DISTRICT GUWAHATI-1 ASSAM Advocate for the Petitioner : MR. A DEKA, Advocate for the Respondent : GA, ASSAM,
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.47,19,844/- (Rupees Forty Seven Lakhs Nineteen Thousand Eight Hundred Forty Four), receivable by him on account of hiring of his vehicles by the respondent authorities for the period in question. 3. As projected in the writ petition, the petitioner is the owner of vehicles, bearing registration Nos. AS-13-P-5464 (Bolero), AS-01-DX-7901 (Innova), AS-01-DP-6179 (Gypsy) and AS-13-G-0595 (Tata Sumo). 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 submitted his bills and the total amount of the bills so submitted by the petitioner works out to Rs.47,19,844/- (Rupees Forty Seven Lakhs Nineteen Thousand Eight Hundred Forty Four). 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
Page No.# 3/4 hereinabove and has submitted that when the hiring of the petitioner’s vehicles 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 only an amount of Rs.43,31,347/- (Rupees Forty three Lakhs thirty One Thousand Three Hundred Forty Seven). 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 bills for an amount of Rs.47,19,844/- (Rupees Forty Seven Lakhs Nineteen Thousand Eight Hundred Forty Four). 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 only an amount of Rs.43,31,347/- (Rupees Forty three Lakhs thirty One Thousand Three Hundred Forty Seven). 9. The respondents in the present proceeding by way of filing of an affidavit having admitted their liability with regard to the contractual dues claimed by the petitioner only to an extent of Rs.43,31,347/- (Rupees Forty three Lakhs thirty One Thousand Three Hundred Forty Seven), 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.43,31,347/-(Rupees Forty three Lakhs thirty One Thousand Three
Page No.# 4/4 Hundred Forty Seven), the respondents are directed to release to the petitioner his admitted dues of Rs.43,31,347/- (Rupees Forty three Lakhs thirty One Thousand Three Hundred Forty Seven) 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