SRI CHANDRAMA SINGH v. THE STATE OF ASSAM AND 6 ORS
WP(C)/1595/2026 · 2026-06-14
Sanjay Kumar Medhi
Writ Petition (Civil)body2026
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[ 2026 DAILYLAW 8302 (GAU) · dailylaw.ai ]
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[ 2026 DAILYLAW 8302 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010053512026
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1595/2026 SRI CHANDRAMA SINGH SON OF GOKUL SINGH, RESIDENT OF KHARIKHANA, P.O. KHARIKHANA, PS- LANKA, DIST.- 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
Page No.# 2/4 PIN- 782486 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, S SINGH Advocate for the Respondent : GA, ASSAM, SC, FINANCE
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 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 by way of a communication dated 16.03.2023 issued by the respondent no. 5, Deputy Commissioner, West Karbi Anglong, Hamren 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. 4. Shri Singh, learned counsel for the petitioner has submitted that the petitioner’s
Page No.# 3/4 vehicle, bearing Registration No. AS-09-AC 7820 (Tata Pickup) was taken on hire by the District Administration and was used by the Assistant Commandant, SSB, Donkamokam, Assam. The said vehicle was hired during the period from 16.03.2020 to 30.09.2020. 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, admitted the claimed amount of Rs. 3,68,444/- vide the letter dated 16.03.2023 issued by the respondent no. 5. 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 that presently, there is a balance amount of Rs. 3,68,444/- 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 seniority of the claim. Endeavour be
Page No.# 4/4 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