Tutan Saha vs The State Of Assam And 10 Ors

Gauhati High Court

Tutan Saha vs The State Of Assam And 10 Ors on 14 May, 2024

Author: Nelson Sailo

Bench: Nelson Sailo

                                                               Page No.# 1/4

GAHC010154862023




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/4089/2023

         TUTAN SAHA
         W/O- KARTICK SAHA,
         R/O- CHALTATALA, KOKRAJHAR TOWN,
         WARD NO-4,
         P.O- KOKRAJHAR,
         P.S- KOKRAJHAR,
         DIST- KOKRAJHAR (BTAD), ASSAM



         VERSUS

         THE STATE OF ASSAM AND 10 ORS
         REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
         HOME DEPARTMENT
         DISPUR, GHY-06.

         2:THE BODOLAND TERRITORIAL AUTONOMOUS COUNCI
          REP BY ITS PRINCIPAL SECRETARY
          KOKRAJHAR
          BODOFA NWGWR
          BTR
         ASSAM
          PIN-783370

         3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
          HOME DEPARTMENT
          DISPUR
          GUWAHATI-06

         4:THE PRINCIPAL SECRETARY
         TO THE GOVT. OF ASSAM
          HOME DEPARTMENT DISPUR
          GHY-06.
                                                                  Page No.# 2/4


            5:THE DIRECTOR GENERAL OF POLICE
            ASSAM
             B.K KAKATY ROAD
             ULUBARI
             GUWHATI-07

            6:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMIN)
             B.K KAKATY ROAD
             ULUBARI
             GUWHATI-07

            7:THE ADDL. DIRECTOR GENERAL OF POLICE
            BTAD
             KOKRAJHAR
            ASSAM

            8:THE ADDL. INSPECTOR GENERAL OF POLICE (ADMIN)
            ASSAM
             B.K KAKATY ROAD
             ULUBARI
             GUWAHATI-07

            9:THE SUPERINTENDENT OF POLICE
             KOKRAJHAR
            ASSAM

            10:THE DISTRICT MAGISTRATE CUM DEPUTY COMMISSIONER
             KOKRAJHAR (LAW AND ORDER)

            DIST- KOKRAJHAR
            ASSAM

            11:THE MOTOR TRANSPORT OFFICER (MTO)
             DIST- KOKRAJHAR
            ASSA

Advocate for the Petitioner   : MR. J I BORBHUIYA

Advocate for the Respondent : GA, ASSAM
                                                                          Page No.# 3/4

                                 BEFORE
                     HONOURABLE MR. JUSTICE NELSON SAILO

                                       ORDER

14.05.2024

1. Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner and Ms. U. Das, learned Additional Senior Government Advocate, Assam for all the respondents.

2. Having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at this stage.

3. By filing this writ petition, the petitioner claims that an amount of Rs.60,52,116.00 is due to be paid to him on account of hiring of vehicles by the respondent authorities.

4. The learned counsel for the petitioner submits that the same is an admitted liability and this Court in several cases have passed direction to the respondent authorities to examine such claims made by the party concerned and thereafter has directed to make the payment within a time frame. Therefore, a similar order may be passed in the instant case. In this regard, the learned counsel for the petitioner has drawn the attention of this Court to the orders passed in similar cases, which are annexed as Annexure-3 and Annexure- 4 of the writ petition.

5. Ms. U. Das, learned State Counsel submits that Full Bench of this Court in Page No.# 4/4 Tamsher Ali vs. State of Assam & Others, reported in 2008 (4) GLT 1. has laid down the criteria and guidelines for payment of the outstanding liability and therefore, the instant case is covered by the said judgment. Therefore, she submits that a similar order can be passed in the instant writ petition.

6. Upon hearing the learned counsel for the parties and upon perusal of the material available on records, the writ petition is disposed of with a direction to the respondent nos. 6 & 9 to verify the claim made by the petitioner regarding the outstanding dues within a period of 4 (four) weeks from the date of receipt of a certified copy of this order. Upon such verification, if the claim is found to be genuine, the respondent nos.6 & 9 shall do the needful, in terms of the Full Court decision rendered in Tamsher Ali (supra) and ensure payment of the dues as expeditiously as possible.

7. With the above observations and directions the writ petition is accordingly disposed of.

JUDGE Comparing Assistant