Page No.# 1/6 vs The State Of Assam And 7 Ors
2025 Latest Caselaw 7858 Gua

Gauhati High Court

Page No.# 1/6 vs The State Of Assam And 7 Ors on 17 October, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/6

GAHC010156672025




                                                           2025:GAU-AS:13973

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

                       Case No. : WP(C)/4073/2025

         NIZAM UDDIN
         S/O- LATE MOHAMMAD JUL HASHIM, R/O- UTTAR DIMRUPAR, P.O.
         KAPASHBARI, P.S. MURAJHAR, DIST. HOJAI, ASSAM



         VERSUS

         THE STATE OF ASSAM AND 7 ORS
         THROUGH THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
         ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-781006.

         2:THE PRINCIPAL SECRETARY
         TO THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-781006.

         3:THE DIRECTOR GENERAL OF POLICE
         ASSAM
          ULUBARI
          GUWAHATI-7.

         4:THE ASSISTANT INSPECTOR GENERAL OF POLICE (A)
         ASSAM
          ULUBARI
          GUWAHATI-781007.

         5:THE DISTRICT MAGISTRATE
          DIMA HASAO DISTRICT
          HAFLONG
         ASSAM
          PIN- 788819.
                                                                       Page No.# 2/6

            6:THE SUPERINTENDENT OF POLICE

            DIMA HASAO DISTRICT
            HAFLONG
            ASSAM
            PIN- 788819.

            7:MOTOR TRANSPORT OFFICER (MTO)
             OFFICE OF THE DIRECTOR GENERAL OF POLICE
            ASSAM
             ULUBARI
             GUWAHATI-781007.

            8:MOTOR TRANSPORT OFFICER (MTO)
             POLICE RESERVE
             HAFLONG
             DIMA HASAO DISTRICT
             HAFLONG
            ASSAM
             PIN- 788819

For the Petitioner(s)    : Mr. A. K. Hussain, Advocate

For the Respondent(s)    : Ms. U. Das, Addl. Sr. GA, Assam

      Date of Hearing                : 17.10.2025


      Date of Judgment               : 17.10.2025




                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                           JUDGMENT AND ORDER (ORAL)

Heard Mr. A. K. Hussain, the learned counsel appearing on behalf of the Petitioner and Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondents.

2. The instant writ petition has been filed being aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the Page No.# 3/6

dues of an amount of Rs.8,68,814/- to the Petitioner.

3. The case of the Petitioner herein is that the Petitioner is the owner of a vehicle bearing Registration No. AS-01-FR-9005 (Toyota Innova Crystia), which he purchased by obtaining bank finance from HDFC Bank. The learned counsel for the Petitioner submitted that on 28.02.2024, one of the police staff from the Office of the Superintendent of Police, Dima Hasao District, Haflong had called the Petitioner asking him to submit his vehicle before the Office of the Superintendent of Police for requisition for a few days. Accordingly, out of fear and in good faith, the Petitioner handed over the said vehicle to the Office of the Respondent No.6 on that very date itself.

4. The learned counsel for the Petitioner further submitted that the aforesaid vehicle has been handed over to the Office of the Superintendent of Police, Dima Hasao on hire basis at the rate of Rs.2,079/- per day. This amount included the driver's allowance engaged by the Petitioner. Thereafter, the Petitioner has submitted his bills of an amount of Rs.8,68,814/- for the period from 28.02.2024 to 31.03.2025 and on the basis of the said bill, the Respondent Nos. 6 and 7 has admitted the bill amount of Rs.8,68,814/- and prepared a bill statement .

5. This Court finds it very pertinent herein to mention that the said vehicle is still under requisition. However, till date, the Respondent Authorities have failed to release the aforesaid bill amount. The learned counsel for the Petitioner further submitted that the Petitioner had submitted a representation on 24.05.2025 before the Respondent No. 6 for release of the Page No.# 4/6

said amount, however the said amount is still pending, for which the Petitioner has approached this Court under Article 226 of the Constitution of India.

6. The records reveal that vide an order dated 25.07.2025 notice was issued. It is further seen that the Respondent No. 6 has filed an affidavit-in- opposition wherein at paragraph No.10, the Respondent No.6 has duly admitted that an amount of Rs.8,54,407/- only is payable to the Petitioner. Paragraph No.10 of the said affidavit-in-opposition filed by the Respondent No. 6 being relevant is reproduced herein under:

"10. That with regard to the statement made in paragraph No. 15 of the writ petition, the answering deponent begs to state that as per the minutes of the all SSP Conference held at Duliajan, Dibrugarh on 3rd and 4th January/2022 in the point No. E.8., it was decided that "due to high pending liabilities in respect of vehicle hire charge, a system of negotiation with the owners should be resorted to arrive at a negotiated settlement of the liability and that should be cleared immediately. A one time settlement of clearing of all pending dues is to be thought for consideration." The petitioner accepted the 20% negotiation of the original Bill of Rs. 72,037.00 (Rupees seventy two thousand and thirty seven) only and submitted revised Bill amounting to Rs. 57,630.00 (Rupees fifty seven thousand six hundred and thirty) only for the period of 28.02.2024 to 31.03.2024 only. This bill was sent to Assam Police Head Quarter, Ulubari, Guwahati vide this office Letter no. HFG/MT/Hire bill/2024/124, dated 04-11-2024 (As Annexure-B). The rest of the hire charges bill of the petitioner amounting to Rs.7,96,777.00 (Rupees seven lakh ninety six thousand seven hundred seventy seven) only which was sent to Assam Police Head Quarter for the period from 01.04.2024 to 31.03.2025 which were submitted from this office were returned back by the Assam Police Head Quarter, Ulubari, Guwahati on 29- 06-2025 with instruction to re-submit the same Page No.# 5/6

after negotiation with the owner of the vehicle (As Annexure-C). A verbal communication was made with the petitioner who is the owner of the vehicle bearing Regn. No. AS01FR-9005 Innova, namely Nizam Uddin for 20% negotiation. The petitioner submitted a Written letter before the undersigned stating that he was not willing to negotiate 20%.

On dated 14-08-2025, hire charge bills amounting to Rs. 7,96,777.00 (Rupees seven lakh ninety six thousand seven hundred seventy seven) only (excluding the bill for the period 01-04-2024 to 31-03-2025 after 20% negotiation) was submitted once again to Assam Police Head Quarter, Guwahati for sanction without 20% negotiation vide this office letter No. HFG/MT/Hire bill/2025/198, dated 14-08-2025. At present the hire charge bills amounting to Rs.8,54,407.00 (Rupees eight lakh fifty four thousand four hundred and seven) only is yet to be sanctioned from Assam Police Head Quarter, Ulubari Guwahati."

7. Upon perusal of the materials on record and more particularly, the paragraph quoted herein above, it would be seen that the Respondents therefore admit that the Petitioner is entitled to the amount of Rs.8,54,407/-.

8. Accordingly, the instant writ petition is disposed of with the following observations and directions:-

(i) The Petitioner is entitled to the amount of Rs.8,54,407/- as admitted by the Respondents.

(ii) The said amount of Rs.8,54,407/- be paid to the Petitioner after making such statutory deductions, if any, within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the Page No.# 6/6

Respondent No.3, i.e. the Director General of Police, Government of Assam, Assam Police Headquarter, Ulubari, Kamrup (M) at Guwahati.

(iii) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioner shall be set off while making payment to the petitioner.

JUDGE

Comparing Assistant