[Cites 1, Cited by 0]
Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 2 February, 2026
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010211942025
2026:GAU-AS:1266
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5621/2025
SUDIPTA BORAH BHUYAN
D/O DEBEN BORA, R/O HOUSE NO. 8, KALPATARU PATH, SUPER MARKET,
DISPUR, GUWAHATI-781006
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF
ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI, PIN-781006
2:THE DISTRICT COMMISSIONER/DISTRICT MAGISTRATE
KAMRUP METROPOLITAN DISTRICT
GUWAHATI
PIN-781001
ASSAM
3:THE COMMISSIONER OF POLICE
GUWAHATI CITY
GUWAHATI
PIN-781008
ASSAM
4:THE DIRECTOR GENERAL OF POLICE
ASSAM
ULUBARI
GUWAHATI
PIN-781007
ASSAM
5:THE COMMISSIONER AND SECRETARY
GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
Page No.# 2/5
DISPUR
GUWAHATI-781006
DIST- KAMRUP
ASSA
Advocate for the Petitioner : MR. T K MISRA, MR. A. GAYAN,DIPTI CHAKRAVARTY,MR. P K
MUNIR
Advocate for the Respondent : GA, ASSAM, SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
02.02.2026
Heard Mr. T.K. Misra, learned counsel for the petitioner and Mr. M. Chetia, learned
Junior Government Advocate, Assam for the respondent nos. 1 to 4; and Mr. B. Gogoi,
learned Standing Counsel, Finance Department for the respondent no. 5.
2. The petitioner has stated that he is the registered owner of a vehicle [Bus] bearing
registration no. AS-01/HC-9378 ['the subject-vehicle', for short]. The petitioner has stated
that on various occasions, the subject-vehicle was requisitioned by the Police Department
for different purposes including maintenance of law and order since 02.09.2020. As the
petitioner is entitled for hiring charges of the subject-vehicle during the periods for which
the subject-vehicle was taken on hire, the petitioner submitted bills for hiring charges for
the periods since 2020 in terms of the rates prescribed by the State respondents. According
to the petitioner, the total bill amount towards hiring charges submitted by him was for Rs.
31,15,446/-. As the said outstanding amount towards hiring charges of the subject-vehicle
has not been released to the petitioner despite numerous representations, the petitioner is
before this Court seeking inter-alia a direction to the respondent authorities to disburse the
said amount of Rs. 31,15,446/-.
3. An affidavit-in-opposition has been filed on behalf of the respondent no. 4 on
Page No.# 3/5
25.11.2025 admitting inter-alia that the subject-vehicle of the petitioner was hired for the
purpose of maintenance of law and order under the provisions of the Assam Requisition and
Control of Vehicles Act, 1968, as amended, for various periods during the years from 2021
to 2024. The respondent no. 4 has further highlighted that as against the total bill amount
of Rs. 31,15,446/- submitted through twelve nos. of bills by the petitioner, the petitioner
had signed a declaration to the effect that he would be willing to allow deduction of 20%
hire charges from four nos. of bills after negotiation as one-time settlement.
4. Mr. Chetia, learned Junior Government Advocate appearing for the respondent nos. 1
to 4 has placed an Office Letter dated 12.01.2026, received by him from the Deputy
Commissioner of Police [Crime], Assam [the respondent no. 3]. In the Letter dated
12.01.2026, with regard to the claims of the petitioner for outstanding hiring charges, it is
mentioned that after submission of the declaration by the petitioner expressing his
willingness for deduction of 20% from the hiring charges from four nos. of bills after
negotiation as one-time settlement, an amount of Rs. 1,51,436/- has been deducted from
the said four nos. of bills @ 20% and therefore, the actual outstanding claim amount would
be Rs. 29,64,010/-.
5. It is further stated in the Letter the bills have already been forwarded to the
sanctioning authority to accord approval of sanction against the following six nos. of
proposals :-
[i] Proposal no. 6240-6242[RV] dated 06.12.2024 containing 2 [two] bills
for an amount of Rs. 6,67,366/- [amount in rupees after deduction of 20%].
[ii] Proposal no. 6346-6348[RV] dated 17.12.2024 containing 2 [two] bills
for an amount of Rs. 6,67,366/- [amount in rupees after deduction of 20%].
[iii] Proposal no. 2432[RV] dated 20.12.2023 containing 1 [one] bill for an
amount of Rs. 2,00,018/-.
[iv] Proposal no. 6366-6367[RV] dated 17.12.2024 containing 1 [one] bill for
an amount of Rs. 2,21,236/-.
Page No.# 4/5
[v] Proposal no. 3256-3261[RV] dated 09.02.2024 containing 1 [one] bill for
an amount of Rs. 1,60,894/-.
[vi] Proposal no. 3053-3057[RV] dated 10.11.2025 containing 5 [five] bills for
an amount of Rs. 10,47,130/-.
6. The Office Letter dated 12.01.2026 of the respondent no. 3 has further mentioned
that the petitioner would be entitled for the admitted amount of Rs. 29,64,010/- and the
same would be paid to the petitioner as an when sanction and FOC [Fixed on Ceiling] is
received from the State Government.
7. Mr. Chetia, learned Junior Government Advocate appearing for the respondent no. 1
& 4 has submitted that a period of three months would be a reasonable period to complete
the entire formalities for release of the admitted amount of Rs. 29,64,010/-.
8. Mr. Misra, learned counsel appearing for the petitioner has submitted that the
petitioner has no objection if the admitted amount of Rs. 29,64,010/- is disbursed in favour
of the petitioner within a period of three months from today.
9. In view of admission of the liability to the extent of Rs. 29,64,010/- and the broad
consensus arrived at by the parties in the afore-stated manner, this Court is of the
considered view that instead of keeping this writ petition pending, the same can be
disposed of with a direction to the respondent authorities to complete the formalities of
sanction and FOC to disburse the amount of Rs. 29,64,010/- to the petitioner within a
period of 3 [three] months from today. It is accordingly ordered.
10. The petitioner shall submit a certified copy of this order at the office of the
respondent no. 4 and the respondent no. 5 so as to enable the respondent no. 4 and the
respondent no. 5 to facilitate expeditious disbursement of the admitted amount to the
petitioner.
Page No.# 5/5
11. This order disposes of the writ petition.
12. A copy of the Office Letter dated 12.01.2026 is kept with the case record by marking
it as Document - 'X'.
JUDGE
Comparing Assistant
