Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 4 Ors on 15 September, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010124272025
2025:GAU-AS:12634
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3777/2025
AKRAM HUSSAIN
S/O ISABUDDIN MUNCHI, R/O VILL- 32 DALAGAON, P.O. AND P.S.-
DALGAON, DIST- KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWHAATI-
781006
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006
3:THE DIRECTOR GENERAL OF POLICE
GOVT. OF ASSAM
ASSAM POLICE HEADQUARTER
ULUBARI
KAMRUP (M)
GUWAHATI-781007
4:THE COMMISSIONER OF POLICE
KAMRUP (M)
GUWAHATI
DIST- KAMRUP (M)
ASSAM
PIN-781001
5:THE MOTOR TRANSPORT OFFICER
POLICE RESERVE CITY
Page No.# 2/6
A.T. ROAD
GUWAHATI
ASSAM
PIN-78100
For the Petitioner(s) : Mr. T. Uddin, Advocate
For the Respondent(s) : Mr. S. R. Baruah, Government Advocate
Date of Hearing : 15.09.2025
Date of Judgment : 15.09.2025
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
JUDGMENT AND ORDER (ORAL)
Heard Mr. T. Uddin, the learned counsel appearing on behalf of the
Petitioner and Mr. S. R. Baruah, the learned Government Advocate appearing
on behalf of the Respondents.
2. The instant petition has been filed being aggrieved by the inaction on
the part of the Respondent Authorities in not making payment of the
admitted amount of Rs.9,06,076/- 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-DP-6656 (Bolero Passenger), and that
by renting out the said vehicle to the Office of the Commissioner of Police
through the MTO, Police Reserve, Guwahati, he sustains his livelihood.
4. The learned counsel for the Petitioner submitted that the aforesaid
vehicle belonging to the Petitioner had been handed over in good condition
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to the Office of the Commissioner of Police, Kamrup (Metro), Guwahati,
through the Motor Transport Officer, Police Reserve City, Guwahati, on hire at
the rate of Rs.990/- per day for the vehicle and Rs.200/- per day for the
driver engaged by the Petitioner, for the period from 01.01.2019 to
31.12.2020, amounting in total to Rs.9,06,076/- including driver's charges.
After the said vehicle was returned to the Petitioner, he submitted the
following bills:
(i) From 01.01.2019 to 30.06.2019, for 181 days, amounting to
Rs.2,24,350/-;
(ii) From 01.07.2019 to 31.12.2019, for 184 days, amounting to
Rs.2,28,068/-;
(iii) From 01.01.2020 to 30.06.2020, for 182 days, amounting to
Rs.2,25,590/-; and
(iv) From 01.07.2020 to 31.12.2020, for 184 days, amounting to
Rs.2,28,068/-.
5. It is the further case of the Petitioner that the aforesaid vehicle was
released by the Respondents in roadworthy condition. Thereafter, the
Petitioner submitted all the bills before the concerned Respondent
Authorities through the Respondent No.4, and the same were duly received
by Respondent No.4 without any objection. However, till date, the
Respondent Authorities have failed to release the bill amount. In addition to
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that, the learned counsel for the Petitioner submitted that the Petitioner had
submitted a representation on 26.03.2025 before Respondent No.4 for
release of the outstanding bill 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. Mr. S. R. Baruah, the learned Government Advocate during the course
of hearing has placed before this Court a communication dated 11.09.2025
issued by the Deputy Commissioner of Police, (Crime), Guwahati. The
communication dated 11.09.2025 is kept on record and marked with the
letter "X".
7. From a perusal of the said communication, it appears that all the bills
have already been forwarded to the Assam Police Headquarters after
observing required formalities to accord approval of sanction and allotment
of fund. Paragraph No.3 of the said communication being relevant is
reproduced herein under:
"3. That with regard to the statement made in paragraph- 3 of the Writ
Petition, the answering deponent begs to state that petitioner has claimed hire
charges amount of Rs.9,06,076/- for hiring of the vehicle belongs to him. The
deponent begs to state that based on the claims of the petitioner, the relevant
bills were scrutinized and found in order. Accordingly, 4 No's of bills submitted
by the petitioner have been forwarded to the Assam Police Headquarters after
observing required formalities to accord approval of sanction and allotment of
fund.
The details of the proposal is as follows:
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PROPOSAL No.1767-1770 (RV) dated 06.08.2025
Sl. Vehicle regd. Type period Rs. Amount
No.
From To
1 AS01DP6656 Bolero 01.07.2019 31.12.2019 Rs. 228068.00
2 AS01DP665 Bolero 01.01.2019 30.06.2019 Rs. 224350.00
3 AS01DP665 Bolero 01.01.2020 30.06.2020 Rs. 225590.00
4 AS01DP665 Bolero 01.07.2020 31.12.2020 Rs. 228068.00
Rs. 906076.00
8. 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.9,06,076/-.
Accordingly, the writ petition is disposed of with the following observations
and directions:-
(i) The petitioner is entitled to the amount of Rs.9,06,076/- as admitted
by the Respondents.
(ii) The said amount of Rs.9,06,076/- 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 Respondent No.3, i.e. the Director General of Police,
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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
