Page No.# 1/4 GAHC010287532025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1428/2026 SRI HIRALAL BHAGAT SON OF LAXMI BHAGAT, RESIDENT OF VILLAGE-KHARIKHANA, P.O- KARIKHANA, P.S. LANKA, DISTRICT- HOJAI, ASSAM, PIN-782446, VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI-781007. 4:THE ASSISTANT INSPECTOR GENERAL OF POLICE (A) ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI-781007. 5:THE DISTRICT MAGISTRATE- CUM -DISTRICT COMMISSIONER HAMREN DISTRICT- WEST KARBI ANGLONG ASSAM. PIN-782486 Page No.# 2/4 6:THE SUPERINTENDENT OF POLICE HAMREN DISTRICT- WEST KARBI ANGLONG ASSAM. PIN- 782486 7:THE MOTOR TRANSPORT OFFICER (MTO) POLICE RESERVE HAMREN DISTRICT- WEST KARBI ANGLONG ASSAM. PIN- 78248 Advocate for the Petitioner : MR. S K SINGH, Advocate for the Respondent : GA, ASSAM, S SINGH,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 32. WP(C)/1428/2026 BEFORE HON’BLE MR. JUSTICE SANJAY KUMAR MEDHI 15.06.2026 Heard Shri S. Singh, learned counsel for the petitioner. Also heard Shri S.R. Boruah, learned State Counsel, Assam. 2. Considering the subject matter, the response of the State filed vide the affidavit- in-opposition dated 27.05.2026 and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the admission stage. 3. The claim is towards the bill for hiring vehicle of the petitioner by the District Administration, West Karbi Anglong. Page No.# 3/4 4. Shri Singh, learned counsel for the petitioner has submitted that the petitioner’s vehicle, bearing Registration No. AS-09-C 7341 (Bolero) was taken on hire by the District Administration and was used by the Superintendent of Police, Hamren. The said vehicle was hired during the period from 19.07.2018 to 01.05.2020. However, the hire charge was not paid. It is submitted that bills were issued which were pending and in the communication dated 16.03.2023, the amount was also reduced. 5. Shri Boruah, learned State Counsel has, however, submitted that the matter has been verified and after such verification, certain amount has already been paid to the petitioner and there is a balance of Rs. 5,29,521/-. 6. Normally, a Writ Court would not entertain an application for claim of contractual dues as the same would involve questions of facts which are disputed. However, the Hon’ble Full Bench of this Court in the case of Tamsher Ali & Ors. Vs. State of Assam & Ors., reported in 2008 (4) GLT 1 has laid down certain principles by which a Writ Court can also entertain a petition for claim of contractual dues provided meeting of certain mandatory requirements. 7. One of the essential requirements is an admission by the Chief Engineer/ Head of the Department. In the instant case, it is, however, seen that the admission has come in the form of an affidavit filed by the respondent authorities. 8. As observed above, the learned State Counsel has submitted that it has been stated in the affidavit-in-opposition dated 27.05.2026 that presently, there is a balance amount of Rs. 5,29,521/- to be paid to the petitioner. Therefore, in consonance with the principles laid down by the Hon’ble Full Bench, it is directed that the dues of the petitioner be cleared by putting his name in the chronological order and as per Page No.# 4/4 seniority of the claim. Endeavour be made to expeditiously clear the bills as the same is admitted. 9. The writ petition stands disposed of in the manner indicated above. JUDGE Comparing Assistant