[Cites 0, Cited by 0]
Gauhati High Court
Page No.# 1/7 vs The State Of Assam And 7 Ors on 8 December, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/7
GAHC010180432025
2025:GAU-AS:16922
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4657/2025
PRADIP KALITA
S/O LATE ASWINI KALITA, R/O MA CASTLE PARADISE, 6TH FLOOR, FLAT
NO. 6-A AND 6-D KAHILIPARA, P.O. KAHILIPARA, P.S. DISPUR, GUWAHATI
19, DIST. KAMRUP (M), ASSAM.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP BY THE COMMISSIONER AND SECY. GOVT. OF ASSAM, HOME DEPTT.,
DISPUR, GUWAHATI 6
2:THE PRINCIPAL SECY. TO THE GOVT OF ASSAM
STATE HOME DEPTT.
DISPUR
GUWAHATI 6
3:THE DIRECTOR GENERAL OF POLICE
ASSAM
B.K. KAKATY ROAD
ULUBARI
GUWAHATI 7
4:THE ADDL. DIRECTOR GENERAL OF POLICE
(ADMN)
ASSAM. B.K. KAKOTY ROAD
ULUBARI
GUWAHATI 7
5:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMN)
ASSAM
B.K. KAKOTY ROAD
Page No.# 2/7
ULUBARI
GUWAHATI 7
6:THE COMMISSIONER OF POLICE
GUWAHATI
KAMRUP (M)
ASSAM.
7:THE DIST. MAGISTRATE CUM DEPUTY COMMISSIONER
KAMRUP (M)
(LAW ORDER)
DIST. KAMRUP (M0
ASSAM.
8:THE MOTOR TRANSPORT OFFICER
(M.T.O.)
KAMRUP (M)
ASSAM
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
For the petitioner (s) : Mr. L. Mohan, Advocate
For the respondent (s) : Mr. U. Das, Addl. Sr. Govt. Advocate
Date on which judgment is reserved : NA
Date of pronouncement of judgment : 08.12.2025
Whether the pronouncement is of the
Operative part of the judgment? : NA
Whether the full judgment has been
Pronounced? : Yes
Page No.# 3/7
JUDGMENT AND ORDER (ORAL)
Heard Mr. L. Mohan, the learned counsel appearing on
behalf of the petitioner. Ms. U. Das, the learned Additional Senior
Government Advocate appears on behalf of the respondent
respondents.
2. The instant writ petition is filed by the petitioner challenging
the non-payment of the admitted amount of Rs.42,68,391/- for
hiring the vehicles of the petitioner by the Respondent
Authorities.
3. The case of the petitioner herein is that the petitioner is the
owner of 9 numbers of vehicles bearing registration No.AS-25-P-
2770 (Innova); AS-01-FW-1495 (Balero); AS-01-FT-1366
(Bolero); AS-01-FN-9426 (Innova); AS-11-R-3069 (Innova); AS-
23-W-3773 (Innova); AS-01-EA-3495 (Innova); AS-01-DP-5879
(M/Thar) and AS-01-EM-8246 (Innova). The Respondent
Authorities took the aforesaid vehicles on hire basis on different
dates in the year 2022 to 2024 and released the same
accordingly. The petitioner thereafter submitted the bill before
the Respondent Authorities for making payment for an amount of
Rs.42,68,391/- as hire charge. It is stated that though the
Respondent Authorities had duly admitted the bill amount,
however the said amount has not been disbursed to him till date.
Page No.# 4/7
4. The learned counsel appearing on behalf of the petitioner
submitted that the petitioner has been pursuing the matter
diligently with the respondents, but the Respondent Authorities
have not shown any interest in making the payment of the
admitted amount of Rs.42,68,391/- due to the petitioner for
which the petitioner is facing hardship. The learned counsel for
the petitioner further submitted that the Respondent Authorities
have failed to discharge their duty in accordance with law and
the same has caused prejudice to the petitioner. Hence, the
petitioner has approached this Court by filing the instant writ
petition.
5. Ms. U. Das, the learned Additional Senior Government
Advocate submitted that an affidavit-in-opposition had been filed
by the respondent No.6. Paragraph Nos.6 & 8 of the said
affidavit-in-opposition being relevant is reproduced herein
under:-
"6. That with regard to the statement made in paragraph 5 of the
Writ Petition, the answering deponent begs to state that petitioner
has submitted 22 No's of hire charges bills claiming an amount of
Rs. 42,68,391/- as hire charges. Out of the 22 No's of hire charges
bills, 11 No's of hire charges bills have been scrutinized with the
records available and found in order. Accordingly, these bills have
been forwarded to the sanctioning authority to accord approval of
Page No.# 5/7
sanction and allotment of fund under proposal No. 3288-3298 (RV)
dated 01-12-2025. The details of the bills are as follows:
1 AS-11-R-3069 Innova 01.04.2024 30.06.2024 Rs. 198649.00
2 AS-11-R-3069 Innova 01.10.2024 31.12.2024 Rs. 200832.00
3 AS-01-EA-3495 Innova 01.04.2024 30.06.2024 Rs. 220489.00
4 AS-01-EA-3495 Innova 01.10.2024 31.12.2024 Rs. 222912.00
5 AS-01-EM-8246 Innova 01.04.2024 30.06.2024 Rs. 220489.00
6 AS-01-EM-8246 Innova 01.10.2024 31.12.2024 Rs. 222912.00
7 AS-23-W-3773 Innova 01.04.2024 25.06.2024 Rs. 187734.00
8 AS-01-FN-9426 Innova 01.04.2024 30.06.2024 Rs. 198649.00
9 AS-01-FN-1495 Bolero 01.04.2024 30.06.2024 Rs. 185804.00
10 AS-01-DP-5879 M/Thar 01.04.2024 30.04.2024 Rs. 44622.00
11 AS-01-FT-1366 Bolero 01.04.2024 30.06.2024 Rs. 185804.00
Rs. 2088896.00
The rest 11 No's of bills amounting to Rs. 21,79,890/- (Rupees
Twenty One Lakh Seventy Nine thousand Eight hundred and Ninety)
only are under verification as objection raised against these bills. It
is stated that after completion of scrutiny with necessary correction
if required, the entitled amount against each bill will be forwarded to
the Assam Police Headquarter to accord approval of sanction.
It is further stated that the matter related to the release of
fund against the proposal amount always depend upon the Govt.,
which is yet to be received and as such the proposal amount
payable to the petitioner is pending. Therefore, the statement made
in this para of the petitioner is not correct.
8. That with regard to the statements made in paragraph 9 of the
Writ Petition, the answering deponent begs to state that all required
steps have been taken in respect of 11 No's of bills amounting to Rs.
20,88,896/-. The remaining bills will be submitted to the authority
after completion of scrutiny with necessary correction if required.
Page No.# 6/7
Considering the facts stated above and in foregoing paragraphs, the
allegation of violation of the Constitutional Rights as alleged is not
correct."
6. Upon perusal of the said affidavit and more particularly the
paragraphs quoted above, it would show that the Respondents
therefore admit that the petitioner is entitled to the amount of
Rs.20,88,896/- and for the remaining amount, i.e.
Rs.21,79,890/-, necessary verification is required to be carried
out.
7. Accordingly, the writ petition is disposed of with the
following observations and directions:-
i) The said admitted amount, i.e. Rs.20,88,896/- be paid
to the petitioner within a period of 6 (six) months from the
date, a certified copy of the instant order is served upon the
respondent No.3, i.e. the Director General of Police, Assam,
Ulubari, Guwahati.
(ii) As regards the remaining amount of Rs.21,79,890/-, the
Respondent Authorities shall carry out necessary verification
and if it is found that the petitioner is entitled to the said
amount or any other amount pursuant to verification, the
same be paid to the petitioner within a period of 6 (six)
months from the date a certified copy of the instant order is
Page No.# 7/7
served upon the respondent No.3, i.e. the Director General
of Police, Assam, Ulubari, Guwahati
JUDGE
Comparing Assistant
