Page No.# 1/3 GAHC010125282026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3354/2026 PINKU SINGH S/O MANGAL CHAND SINGH, R/O VILL. BORDOLONG, NEPALI BASTI, KHARIKHANA, VTC KHARIKHANA GAON, P.O. KHARIKHANA, DIST. HOJAI, ASSAM, PIN-782446 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, HOME DEPTT, DISPUR, GUWAHATI 6 2:THE PRINCIPAL SECY TO THE GOVT OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI 6 3:THE DIRECTOR GENERAL OF POLICE ASSAM B K KAKATY ROAD ULUBARI GUWAHATI 781007 4:THE ASSTT INSPECTOR GENERAL OF POLICE A ASSAM B K KAKATY ROAD ULUBARI GUWAHATI 781007 5:THE DIST MAGISTRATE CUM DEPUTY COMMISSIONER HAMREN DIST. WEST KARBI ANGLONG ASSAM Page No.# 2/3 PIN 782486 6:THE SUPERINTENDENT OF POLICE HAMREN DIST. WEST KARBI ANGLONG ASSAM PIN 782486 HOJAI DIST. HOJAI ASSAM PIN 782442 7:THE MOTOR TRANSPORT OFFICER MTO POLICE REVENUE HAMREN DIST. WEST KARBI ANGLONG ASSAM PIN 78248 Advocate for the Petitioner : S SINGH, MR. S K SINGH Advocate for the Respondent : GA, ASSAM, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 25.06.2026 Heard Shri S. Singh, learned counsel for the petitioner, who by means of this application filed under Article 226 of the Constitution of India has prayed for a direction for release of hire purchase dues amounting to Rs.10,82,294/- (Rupees Ten Lakhs Eighty Two Thousand Two Hundred Ninety Four only) It is contended that the petitioner is the registered owner of a vehicle no. AS-09AC-3219 (TATA-407 Water Tank) which was used on hire by the District Administration for different period between 01.05.2021 to 30.11.2022. Shri Singh, the learned counsel for the petitioner has submitted that Page No.# 3/3 though bills were submitted and received, the same has not been cleared in spite of numerous reminders and representations. Ms. U. Das, learned State Counsel on the other hand has submitted that to entertain a writ petition for a matter pertaining to dues under a contract, a party has to fulfil the requirements laid down by the Hon’ble Full Bench in the case of Tamsher Ali vs. State of Assam reported in 2008 (4) GLT 1. In the aforesaid case of Tamser Ali (supra), the Hon’ble Full Bench has laid down an exception wherein a Writ Court can also entertain case where there is a claim for contractual amount. However, such petitions can be entertained on fulfilment of certain conditions and one of the essential conditions is acknowledgment of the liability in writing by the Chief Engineer / Head of the Department. In the instant case, there is no document enclosed regarding such liability by the appropriate authority. Writ petition is accordingly dismissed. Dismissal of this writ petition shall not be an impediment for the petitioner to approach the appropriate Civil Court in accordance with law. JUDGE Comparing Assistant