Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/6 GAHC010276012025
2026:GAU-AS:8446
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/18/2026 GARIMA DAS DAUGHTER OF- AJIT DAS, RESIDENTS OF -PANCHIGAON, P.O. AND P.S.- JAMUGURIHAT, PIN- 784180, DIST- SONITPUR (ASSAM). VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR,GUWAHATI- 6.
2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM STATE HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI-7 4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI-7 5:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI-7
Page No.# 2/6 6:THE COMMISSIONER OF POLICE KAMRUP (M) GUWAHATI ASSAM 7:THE DISTRICT MAGISTRATE-CUM-DEPUTY COMMISSIONER KAMRUP (M) (LAW AND ORDER) DIST- KAMRUP (M) ASSAM 8:THE MOTOR TRANSPORT OFFICER (M.T.O) KAMRUP (M) ASSA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
For the Petitioner(s) : Mr. A. Hossain, Advocate
For the Respondent(s) : Mr. K. Gogoi, Addl. Sr. Govt. Advocate
Date on which judgment is reserved : NA
Date of pronouncement of judgment : 12.06.2026
Whether the pronouncement is of the Operative part of the judgment? : Yes
Whether the full judgment has been Pronounced? : Yes
JUDGMENT AND ORDER (ORAL)
Heard Mr. A. Hossain, the learned counsel appearing on behalf of the Petitioner. Mr. K. Gogoi, the learned Additional Senior
Page No.# 3/6 Government Advocate appears on behalf of the State Respondents. 2. The instant writ petition is filed by the Petitioner challenging the non-payment of the admitted amount of Rs.9,28,340/- for hiring the vehicle of the Petitioner by the Respondent Authorities. 3. The case of the Petitioner herein is that the Petitioner is the owner of a Swift Dzire vehicle bearing registration No.AS-25-BC-
8312. The Respondent Authorities took the aforesaid vehicle on hire basis at the fixed rate on different dates in the year 2022 to 2024 and released the same according. The Petitioner accordingly submitted the bill before the Respondent Authorities through the Office of the Motor Transport Officer, Police Reserve, Guwahati for making payment of an amount of Rs.9,28,340/- as hire charge. It is stated that though the Respondents had duly admitted the bill amount, however, the said amount has not been disbursed to her till date. 4. The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has been pursuing the matter diligently with the Respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.9,28,340/- due to the Petitioner for which the Petitioner is facing hardship. The learned counsel for the
Page No.# 4/6 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 has approached this Court by filing the instant writ petition. 5. Mr. K. Gogoi, the learned Additional Senior Government Advocate submitted that an affidavit-in-opposition has been filed by the Deputy Commissioner of Police (Admn.), Guwahati. From a perusal of the said affidavit-in-opposition, it is seen that the Respondent Authorities have admitted their liability of an amount of Rs.9,28,340/-. The details can be seen in paragraph No.5 of the said affidavit-in-opposition which being relevant is reproduced herein under:-
“5. That with regards to the statements made in paragraph Nos. 5 to 8 of the writ petition, the answering deponent begs to state that the Petitioner has claimed Rs. 9,28,340/- (Rupees Nine Lakh Twenty Eight Thousand Three Hundred Forty) only as outstanding payable amount for hiring of her vehicle.
The records available reveals that 6 (Six) numbers of hire charges bills have received from the Petitioner on various dates during the period. The Deponent further begs to state that scrutiny of bills reveals that the amount claimed by the Petitioner is in order. Accordingly, after completion of required formalities, the bills have been forwarded to the sanctioning authority to accord approval of
Page No.# 5/6 required financial sanction. The details of the bills are as follows:
PROPOSAL NO. 3740-3744 (RV) DATED 24.03.2026 :- Sl No. Registration nos. Of vehicle Type
of vehicle From To Amount payable (Rs) 1 AS-25-BC-8312 Swift Dzire 01.01.2023 31.03.2023 1,53,136 2 -Do- -Do- 01.04.2023 30.06.2023 1,54,836 3 -Do- -Do- 01.10.2023 30.11.2023 1,24,550 4 -Do- -Do- 01.12.2023 31.12.2023 63,296 5 -Do- -Do- 01.01.2024 01.03.2024 1,24,550
Total 6,20,368 PROPOSAL NO. 3775 (RV) DATED 26.03.2026 :- SL. No. Registration nos. Of vehicle Type
of vehicle From To Amount payable (Rs) 1 AS-25-BC-8312 Swift Dzire 01.01.2022 30.06.2022 3,07,972
Total 3,07,972 That the Deponent further begs to state that the matter related to the release of fund always depend upon the Government, which is yet to be received and as such amounts payable to the Petitioner are pending.”
6. Upon perusal of the materials on record, and more particularly, the paragraph quoted above, it would be seen that
Page No.# 6/6 the Respondents therefore admit that the Petitioner is entitled to the amount of Rs. Rs.9,28,340/-. Accordingly, the writ petition is
disposed of with the following observations and directions:- i) The Petitioner is entitled to the amount of Rs. Rs.9,28,340/- as admitted by the Respondents. ii) The said amount of Rs. Rs.9,28,340/- be paid to the Petitioner after making such statutory deductions, if so required within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the Respondent No.3, i.e. the Director General of Police, Assam, Ulubari, Guwahati. (iii) Any amount so paid during the pendency of the present writ petition towards the dues of the Petitioner shall be set off while making payment to the Petitioner.
JUDGE Comparing Assistant