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2026 DAILYLAW 432 (GAU)

DIPMONI BORDOLOI v. THE STATE OF ASSAM AND ORS

WP(C)/4935/2025 · 2026-02-10

N Unni Krishnan Nair

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/4 GAHC010187962025 2026:GAU-AS:1975 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4935/2025 DIPMONI BORDOLOI S/O- LATE CHANDRA KANTA BORDOLOI, R/O- H.NO- 5, MALIGAON, P.S- JALUKBARI, GUWAHATI-12, KAMRUP METRO VERSUS THE STATE OF ASSAM AND ORS REP BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT , DISPUR , GUWAHATI-06 2:THE DIRECTOR GENERAL OF POLICE ULUBARI GUWAHATI-07 KAMRUP METRO 3:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMIN) ULUBARI GUWAHATI-07 KAMRUP METRO 4:THE COMMISSIONER OF POLICE KAMRUP METRO ASSA Page No.# 2/4 Advocate for the Petitioner : MR. Z H BORA, MR. S BORTHAKUR,MS. S KAKATI Advocate for the Respondent : GA, ASSAM, BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 11/02/2026 Heard Mr. S Borthakur, learned counsel for the petitioner and Mr. N Das, learned Government Advocate, Assam, appearing for the State respondents. 2. The petitioner in the present proceeding has prayed for a direction upon the respondent authorities for releasing to him an amount of Rs.35,08,849/- (Rupees Thirty Five Lakhs Eight Thousand Eight Hundred Forty Nine), being the contractual dues receivable by him in lieu of hiring of his vehicles by the respondents. 3. As projected in the writ petition, the petitioner is the owner of two vehicles, being Mahindra Scorpio S9 MH, bearing registration No. AS-01-EV-8268 and Mahindra Thar CRDE, bearing registration No. AS-25-T-7303. The respondent No. 4 had requisitioned the Mahindra Scorpio vehicle on hire basis for Law & Order duties by way of issuing an order dated 22.10.2021. Similarly, the other vehicle, being the Mahindra Thar CRDE was also taken on hire, on 01.01.2020 by the said respondent No. 4. The petitioner, for the periods the said vehicles were hired by the respondent, had submitted bills. The amount involved in the bill as submitted by the petitioner against hiring of his said two vehicles works out to Rs.35,08,849/- (Rupees Thirty Five Lakhs Eight Thousand Eight Hundred Forty Nine). The said amount not being cleared to the petitioner, he had approached the respondent authorities, however, such approach not having evoked any response, the petitioner has instituted the present writ petition. Page No.# 3/4 4. Mr. S Borthakur, learned counsel for the petitioner has submitted that the claims made by the petitioner has been admitted by the respondent authorities and accordingly, there exist no bar for releasing to the petitioner his admitted contractual dues. 5. Mr. N Das, learned Government Advocate, Assam, by referring to the affidavit filed by the respondent No. 4 in the matter has submitted that the bills submitted by the petitioner were verified and on such verification, it was found that the petitioner is entitled to receive an amount of Rs.35,07,849/- (Rupees Thirty Five Lakhs Seven Thousand Eight Hundred Forty Nine) and not Rs.35,08,849/- (Rupees Thirty Five Lakhs Eight Thousand Eight Hundred Forty Nine), as claimed in the present writ petition. 6. The learned counsel for the respondents submits that the respondents cannot be directed by this Court to pay an amount above the amount admitted by the petitioner in the present proceedings. 7. I have heard the learned counsels for the parties and also perused the materials available on record. 8. Although, the petitioner against the hiring of his said two vehicles had projected that an amount of Rs.35,08,849/- (Rupees Thirty Five Lakhs Eight Thousand Eight Hundred Forty Nine) is receivable by him, the respondent authorities having admitted to an amount of Rs.35,07,849/- (Rupees Thirty Five Lakhs Seven Thousand Eight Hundred Forty Nine), being the admitted contractual dues receivable by the petitioner against the hiring of the said two vehicles, this Court would not be in a position to direct the respondents to release to the petitioner an amount higher than Rs.35,07,849/- (Rupees Thirty Five Lakhs Seven Thousand Eight Hundred Forty Nine). 9. In view of the contractual dues, being admitted by the petitioner to the extent indicated, hereinabove, the respondent authorities are directed to release to the petitioner his admitted contractual dues of Rs.35,07,849/- (Rupees Thirty Five Lakhs Seven Thousand Eight Hundred Forty Nine) within a period of 6 (six) months from the date of receipt of a certified copy of this order. Page No.# 4/4 10. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant