Gauhati High Court
Payal Agarwal vs The State Of Assam And 10 Ors on 12 May, 2023
Page No.# 1/4
GAHC010003432021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/389/2021
PAYAL AGARWAL
D/O- BAJRANG AGARWAL, R/O- VILL- FAKIRAGRAM, P.O. FAKIRAGRAM,
P.S. FAKIRAGRAM, DIST.- KOKRAJHAR (BTAD), ASSAM
VERSUS
THE STATE OF ASSAM AND 10 ORS
REP. BY THE COMM. AND SECY. GOVT. OF ASSAM, HOME DEPTT., DISPUR,
GHY-6
2:THE BOROLAND TERRITORIAL AUTONOMOUS COUNCIL
REP. BY THE PRINCIPAL SECY.
BTAD
KOKRAJHAR
ASSAM
3:THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GHY-6
4:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM
STATE HOME DEPTT.
DISPUR
GHY-6
5:THE DIRECTOR GENERAL OF POLICE
ASSAM
B.K.KAKATY ROAD
ULUBARI
GHY-7
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6:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMN)
ASSAM
B.K.KAKOTY ROAD
ULUBARI
GHY-7
7:THE ADDL. DIRECTOR GENERAL OF POLICE
BTAD
KOKRAJHAR
ASSAM
8:THE ADDL. INSPECTOR GENERAL OF POLICE (ADMN)
ASSAM
B.K.KAKOTY ROAD
ULUBARI
GHY-7
9:THE SUPERINTENDENT OF POLICE
KOKRAJHAR
ASSAM
10:THE DISTRICT MAGISTRATE-CUM-DY. COMMISSIONER
KOKRAJHAR
(LAW AND ORDER)
DIST.- KOKRAJHAR
ASSAM
11:THE MOTOR TRANSPORT OFFICER (M.T.O)
KOKRAJHAR
ASSA
Advocate for the Petitioner : MR. J I BORBHUIYA
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
12.05.2023
Mr. J.I. Borbhuiya, learned counsel for the petitioner submits that the petitioner is
the registered owner of the vehicle bearing registration No. AS-19-F-5222, which was
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hired by the respondents on different dates between the years 2018-2020. Though the
petitioner submitter her bills amounting to Rs. 11,07,031/-, no payment has been
made to the petitioner till date.
2. The petitioner's counsel submits that the writ petition can be disposed of, if a
direction is issued to the respondents, to verify the bills of the petitioner and make
payment of the admitted amount.
3. Mr. K. Gogoi, learned counsel for the respondent Nos. 1, 3 to 10 submits that he
has got no objection to the prayer made by the petitioner's counsel.
4. I have heard the learned counsels for the parties.
5. With regard to the petitioner's prayer for payment of the hiring charges of her
vehicles, amounting to Rs. 11,07,031/-, it is seen that while the writ petition has been
filed on 06.01.2021, no instructions have been forthcoming or affidavit filed by the
respondent Nos. 1, 3 to 10. However, the respondent No. 2, which is the Bodoland
Territorial Autonomous District Council has submitted an affidavit-in-opposition dated
19.04.2021, which states that the matter relates to the Home Department, Govt. of
Assam, as the matter is not an entrusted subject to the BTC. Accordingly, the hiring
charges of the vehicle shall lie on the Govt. of Assam. As the averment made by the
respondent No. 2 in the affidavit has not been controverted by the other respondents,
the averment made in the affidavit of the respondent No. 2 would have to be deemed
to be admitted, keeping in view the judgment of the Apex Court in the case of
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Naseem Bano v. State of U.P, reported in 1993 Supp (4) 46. Accordingly, the
respondent Nos. 1, 3 to 10 are directed to examine the bills of the petitioner, for hiring
charges of the vehicle and thereafter pay the admitted amount to the petitioner. The
entire exercise should be completed within a period of 3 (three) months from the date
of receipt of a certified copy of this Order.
6. Writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
