Page No. 1/4 GAHC010111282025 2026:GAU-AS:4713 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2943/2025 MRS INDRA SINGH KEDAR ROAD, JAY KUMAR BUILDING, 1 FLOOR, PO-FANCY BAZAR, PS- BHARALUMUKH, DISTRICT, KAMRUP (M), GUWAHATI-781001, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006, KAMRUP (M), ASSAM 2:THE COMMISSIONER OF POLICE ASSAM POLICE COMMISSIONERATE MG ROAD PANBAZAR KAMRUP(M) ASSAM GUWAHATI-781001 3:THE DIRECTOR GENERAL OF POLICE GUWAHATI-7 ASSAM 4:THE MOTOR TRANSPORT OFFICER POLICE RESERVE ASSAM POLICE COMMISSIONERATE MG ROAD PANBAZAR GUWAHATI-781001 KAMRUP(M) ASSAM 5:ADDITIONAL DISTRICT MAGISTRATE KAMRUP (METROPOLITAN) Page No. 2/4 DISTRICT GUWAGHATI-1 ASSAM Advocate for the Petitioner : MR ABANI DEKA, Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 01.04.2026 Heard Mr. A. Deka, learned counsel for the petitioner; Mr. M. Chetia, learned Junior Government Advocate, Assam for all the respondents. 2. The case of the petitioner projected in this writ petition, in brief, is that she is a registered owner of two vehicles [Mahindra Thar] bearing Registration nos. AS-01/HC-9662 and AS-01/HC-9665 [‘the subject-vehicles’, for short]. The petitioner has stated that during the period from 1st January, 2018 to 31st December 2024, the subject-vehicles were hired on different occasions by different orders issued under the hand of the respondent no. 5. The orders were passed mentioning that the subject-vehicles were required for public service of maintaining law and order in the State of Assam and the subject-vehicles had been taken on hire as per the terms and conditions set forth in the orders itself. The orders mentioned that the hire charges shall be paid on submission of bills in duplicate on completion of the duty for which the subject-vehicles were hired and the bills would be forwarded to the concerned Superintendent of Police for payment. The hire charges shall be paid as per the specified rates for types of vehicles indicated therein and as per rates prescribed in the Government notifications. 3. The petitioner has stated that after the subject-vehicles were released, she submitted bills as per the prescribed rates before the respondent authorities, as mentioned in detail in Paragraph 5 of the writ petition. According to the petitioner, the total amount of all the bills had amounted to ₹ 55,27,499/-. Page No. 3/4 4. As till the date of filing of the writ petition in May, 2025, the respondent authorities did not make any payment of the final bill amount of ₹ 55,27,499/-, stating that despite repeated approaches and representations, the respondent authorities were found reluctant to release the said amount, the petitioner had instituted the instant writ petition seeking a direction to the respondent authorities to release the amount of ₹ 55,27,499/-. 5. In response to the claim made by the petitioner, the respondent no. 2 has filed an affidavit-in-opposition traversing the statements and averments made in the writ petition. In the affidavit-in-opposition, the respondent no. 2 has admitted on the basis of official records available that the subject-vehicles which belong to the petitioner, were hired for the purpose of maintenance of law and order duty as per the provisions of the Assam Requisition and Control of Vehicles Act, 1968, as amended, following the per diem rate fixed by the Transport Department, Government of Assam in the Notifications dated 06.02.2014 and 27.08.2023 on various dates from 2018 to 2024. 6. The respondent no. 2 has stated that as against the claim made by the petitioner for the amount of ₹ 55,27,499/- towards hire charges, it was found, on examination of official records, that the petitioner had submitted 32 nos. of hire charges bills on various dates towards hire charges of the subject-vehicles during the period from 2018 to 2024. The respondent no. 2 has further averred that in respect of 15 nos. of hire charges bills, a settlement was arrived at for deduction of 20% per diem from these bills and due to such settlement, an amount of ₹ 5,53,348/- has been deducted from the total amount of those 15 nos. of hire charges bills. After such deduction, the petitioner is found to be entitled to receive an amount of ₹ 49,73,931/- [= ₹ 26,21,853 + ₹ 23,52,078/-] and not ₹55,27,499/-, as claimed. The respondent no. 2 has further asserted that out of the entitled amount of ₹ 49,73,931/- [= ₹ 26,21,853 + ₹23,52,078/-], a part payment to the extent of ₹ 26,21,853/- has already been credited to the bank account of the petitioner on dates, as per the Table given in the affidavit-in-opposition. The respondent no. 2 has further mentioned that as against the bill amount of ₹23,52,078/- in respect of 17 nos. of hire charges bills, three proposals have already been forwarded to the Sanctioning Authority, that is, the Assam Police Page No. 4/4 Headquarters to accord approval of sanction vide Proposal nos. 1454-1466 [RV] dated 11.07.2025; 3207-3237 [RV] dated 08.02.2024; and 3626-3628 [RV] dated 09.02.2026. With such averments, the respondent no. 2 has admitted that as on date, the petitioner an amount of ₹ 23,52,078/- has remained outstanding to be paid to the petitioner. 7. Mr. Chetia, learned Junior Government Advocate, Assam has submitted that as presently, the proposals are pending consideration in the Assam Police Headquarters, a period of 4 [four] months would be required to complete the entire formalities. Mr. Deka, learned counsel for the petitioner has agreed to the period mentioned by Mr. Chetia for completion of all the formalities. 8. In view of the admission of liability of hire charges to the extent of ₹ 23,52,078/- by the respondent no. 2 and the broad consensus arrived at by the parties in the afore-stated manner, this writ petition is disposed of with a direction to the respondent authorities to complete the formalities of verification, sanction and ceiling so as to release the amount of ₹ 23,52,078/- to the petitioner within a period of 4 [four] months from the date of receipt of a certified copy of this order. The petitioner shall submit a certified copy of this Order at the office of the respondent no. 2 and the respondent no. 3 so as to enable the said respondents to complete the entire process to facilitate disbursement of the admitted amount to the petitioner within the outer limit of the time period, mentioned above. 9. With the observations made and the direction given above, the writ petition is disposed of. No cost. JUDGE Comparing Assistant