Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 5 Ors on 1 November, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010128572025
2025:GAU-AS:14796
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
WP(C)/2452/2025
SRI BADAN KALITA
R/O- H/NO- 676-A
MANGLU MIKIR PATH
UPPER HENGRABARI
PO- HENGRABARI
PS- DISPUR
DIST. KAMRUP (M)
GUWAHATI-781036
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY
HOME AND POLITICAL DEPARTMENT
DISPUR
GUWAHATI-781006
KAMRUP (M)
ASSAM
2:THE COMMISSIONER OF POLICE
ASSAM POLICE COMMISSIONERATE
MG ROAD
PANBAZAR
GUWAHATI-781001
KAMRUP (M)
ASSAM
3:THE DIRECTOR GENERAL OF POLICE
GUWAHATI-7
ASSAM
Page No.# 2/6
4:THE ASSISTANT INSPECTOR GENERAL OF POLICE (ADMINISTRATION)
ULUBARI
GUWAHATI-7
ASSAM
5:THE MOTOR TRANSPORT OFFICER
POLICE RESERVE
ASSAM POLICE COMMISSIONERATE
MG ROAD
PANBAZAR
GUWAHATI-781001
KAMRUP (M)
ASSAM
6:ADDITIONAL DISTRICT MAGISTRATE
KAMRUP (METROPOLITAN)
DISTRICT
GUWAGHATI-1
ASSAM
------------
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
Advocates for the petitioner(s) : Mr. A Deka
Advocates for the respondent(s) : Ms. U Das
Addl. Senior Govt. Advocate
Date of Pronouncement of Judgment : 01.11.2025
JUDGMENT & ORDER(ORAL)
Heard Mr. A Deka, the learned counsel appearing on behalf of the
petitioner. Ms. U Das, the learned Addl. Senior Govt. Advocate, Assam appears
on behalf of the respondents.
2. The case of the petitioner herein is that the petitioner is engaged in the
Page No.# 3/6
business of providing vehicles for hire to various Government as well as private
organisations. The respondent authorities hired 8(eight) Nos. of vehicles of the
petitioner on different dates for the purpose of maintaining law and order.
Thereafter, the petitioner submitted the hire charge bills along with the original
hiring orders before the authorities for making payment of his dues amounting
to Rs.41,38,022.00/-. However, the said amount has not been paid to the
petitioner.
3. The learned counsel appearing on behalf of the petitioner submitted that
the petitioner has been pursuing the matter delinquently with the respondents,
but the respondent authorities have not shown any interest in making the
payment of the admitted amount of Rs.41,38,022.00/- 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.
4. Ms. U. Das, the learned Additional Senior Government Advocate has placed
before this Court an affidavit-in-opposition filed by the respondent No.2. From a
perusal of the said affidavit-in-opposition, it is seen that the respondent
authorities have admitted their liability of an amount of Rs.31,55,972/-. The
details can be seen in paragraph No.5 of the said affidavit-in-opposition which
being relevant is reproduced herein under:-
"5. That with regard to the statement made In paragraph-5 of the Writ Petition, the
answering deponent begs to state that petitioner has claimed an amount of Rs.
41,38,022/- against 25 numbers of hire charges bills submitted to the office of the
Page No.# 4/6
Respondent No.5. Based on the claimed, these bills were scrutinized and found that
petitioner has claimed an excess amount of Rs. 960.00, whereas the actual payable
amount was Rs. 41,37,062/-. However, on scrutiny of records available, it is found that
the petitioner has submitted "One Time Settlement" declaration certificate to the
concerned authority for deduction of 20% from the hire charge amount against 9
numbers of hire charge bills out of the 25 numbers bills. Accordingly, these bills were
prepared by deducting 20% per dime from the hire charge and forwarded to the Assam
Police Headquarters to accord approval of sanction and allotment of fund. The details of
the proposals forwarded to the Assam Police Headquarters are as follows: -
Proposal No.6511-6517 (RV) Dated 26.12.2024
Sl.No. Registration No. Type From To Amount in rupees after
deduction of 20%
1. AS-01-HC-6835 Bus 25.08.2022 31.08.2022 12798.00
2. AS-01-HC-6835 Bus 04.10.2022 31.12.2022 162728.00
3. AS-01-HC-6835 Bus 01.09.2022 30.09.2022 54852.00
4. AS-01-HC-6835 Bus 25.01.2022 14.03.2022 89592.00
Total Amount 319970.00
Proposal No.6474 (RV) Dated 26.12.2024
Sl.No. Registration No. Type From To Amount in rupees after
deduction of 20%
1. AS-01-EC-5563 M/Bus 01.01.2022 30.06.2022 330940.00
Total Amount 330940.00
Proposal No.5948-5954 (RV) Dated 19.11.2024
Sl.No. Registration No. Type From To Amount in rupees after
deduction of 20%
1. AS-25-BC-9191 Scorpio 01.01.2022 31.05.2022 249950.00
2. AS-01-HC-8593 M/Bus 04.10.2022 30.06.2022 330940.00
3. AS-25-T-9485 M/Bus 01.09.2022 30.06.2022 49660.00
Total Amount 630550.00
Proposal No.6203-6210 (RV) Dated 26.12.2024
Sl.No. Registration No. Type From To Amount in rupees after
deduction of 20%
1. AS-01-HC-7967 Scorpio 01.01.2022 30.06.2022 299610.00
Total Amount 299610.00
It is further stated that financial sanction against proposal No. 5948-5954 (RV)
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dated 19.11.2024, amounting to Rs.6,30,550/- and No. 6203-6210 (RV) dated
19.11.2024, amounting to Rs.2,99,610/- i.e. total Rs.9,30,160/- have been received and
the amount will be credited to the Bank Account of the petitioner upon receipt of the
fund from the Govt.
It is also stated financial sanction against remaining 2 (two) proposal vide
Proposal No. 6511-6517 (RV) dated 26.12.2024 and Proposal No. 6474 (RV) dated
26.12.2024 on One Time Settlement are yet to be received from the sanctioning
authority.
Further, it is stated that the remaining 16 numbers of hire charge bills amounting
to Rs. 22,25,812/- were scrutinized with the available records and after completion of
required formalities, bills have been forwarded to the Assam Police Headquarters to
accord approval of sanction. The detail of the bills forwarded vide proposal No. 1438-
1453 (RV) dated 11.07.2025 are as follows:
PROPOSAL NO. 1438-1453 (RV) dated 1.17.2025
SL. Registration Type From To Amount in
No. No. rupees
1. AS-01HC-8593 M/BUS 01.10.2023 30.11.2023 160894.00
2. AS-01EC-5563 M/BUS 01.10.2023 30.11.2023 160894.00
3. AS-01EC-5563 M/BUS 01.12.2023 31.12.2023 81766.00
4. AS-01EC-5563 M/BUS 01.01.2024 31.03.2024 240022.00
5. AS-25T-9485 Scorpio 01.10.2023 30.11.2023 147799.00
6. AS-01FS-8291 Scorpio 01.11.2023 30.11.2023 72688.00
7. AS-01HC-7967 Scorpio 01.10.2023 31.10.2023 75111.00
8. AS-01DN-9612 Indigo 01.10.2023 30.11.2023 124550.00
9. AS-01FS-8291 Scorpio 01.01.2024 31.03.2024 220489.00
10. AS-01HC-8593 M/Bus 01.01.2024 31.03.2024 240022
11. AS-25T-9485 Scorpio 01.01.2024 31.03.2024 220489.00
12. AS-25T-9485 Scorpio 01.12.2023 31.12.2023 75111.00
13 AS-01DN-9612 Indigo 01.01.2024 31.03.2024 185804.00
14. AS-01FS-8291 Scorpio 01.12.2023 31.12.2023 75111.00
15. AS-01DN-9612 Indigo 01.12.2023 31.12.2023 63296.00
16. AS-01HC-8593 M/Bus 01.12.2023 31.12.2023 81766.00
Total Amount 2225812.00
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5. Upon perusal of the materials on record, and more particularly
the paragraph quoted above, it would be seen that the respondents,
therefore, admit that the petitioner is entitled to the amount of
Rs.31,55,972/-. Accordingly, the writ petition is disposed of with the
following observations and directions:-
i) The petitioner is entitled to the amount of Rs.31,55,972/- as
admitted by the respondents.
ii) The said amount of Rs.31,55,972/- 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-7.
JUDGE
Comparing Assistant
