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Gauhati High Court
Manju Bibi vs The State Of Assam And 6 Ors on 4 May, 2026
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010250572025
2026:GAU-AS:6072
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6544/2025
MANJU BIBI
WIFE OF ANOWAR HUSSAIN, RESIDENT OF- VILLAGE SANIADI, HAJO, P.O
-SANIADI, P.S- HAJO, DISTRICT- KAMRUP, ASSAM.
VERSUS
THE STATE OF ASSAM AND 6 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT
OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6
2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
HOME DEPARTMENT
DISPUR
GUWAHATI-6
3:THE DIRECTOR GENERAL OF POLICE
ASSAM
B.K. KAKATY ROAD
ULUBARI
GUWAHATI-7
4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN.)
ASSAM
B.K. KAKATY ROAD
ULUBARI
GUWAHATI-7
5:THE DISTRICT MAGISTRATE -CUM- DISTRICT COMMISSIONER
KAMRUP
AMINGAON (LAW AND ORDER)
DIST- KAMRUP
ASSAM
Page No.# 2/6
6:THE SUPERINTENDENT OF POLICE
KAMRUP
AMINGAON
ASSAM
7:THE MOTOR TRANSPORT OFFICER
KAMRUP
ASSA
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
For the Petitioner(s) : Mr. A. Hossain, Advocate
For the Respondent(s) : Mr. G. Bokolial, Government Advocate
· Date on which Judgment was reserved : N/A
· Date of Pronouncement of Judgment : 04.05.2026
· Whether the pronouncement is of
the Operative Part of the Judgment : No
· Whether the full Judgment has been
Pronounced : Yes
JUDGMENT AND ORDER (ORAL)
Heard Mr. A. Hossain, the learned counsel appearing on behalf
of the Petitioner and Mr. G. Bokolial, the learned Government
Advocate appearing on behalf of the Respondents.
2. The instant petition has been filed by the Petitioner being
aggrieved by the inaction on the part of the Respondent Authorities
in not making payment of the bills of the Petitioner.
Page No.# 3/6
3. The case of the Petitioner herein is that the Petitioner is the
owner of three vehicles bearing Registration Nos. AS-25-S-0002
(Innova), AS-01-EC-0599 (Crane) and AS-01-T-9693 (Water
Tanker). The said vehicles were hired by the Respondents on
different dates during the years 2023-2025, subject to certain
terms and conditions, for maintaining law and order in Kamrup
District and were released on different dates after being utilized for
varying periods. Thereafter, the Petitioner submitted bills
amounting to Rs.27,66,509/- before the Respondent Authorities.
4. It is the further case of the Petitioner that the aforesaid
amount has been duly verified by the Respondent Authorities;
however, despite such verification, the admitted bill amount of Rs.
Rs.27,66,509/- has not been released to the Petitioner. The
Petitioner has also submitted various representations to the
Respondent Authorities for release of the said amount; however,
the amount of Rs.27,66,509/- remains unpaid, for which the
Petitioner has approached this Court under Article 226 of the
Constitution.
5. Mr. G. Bokolial, the learned Government Advocate during the
course of the hearing has placed before this Court an instruction
issued by the Senior Superintendent of Police, Kamrup, Amingaon
Page No.# 4/6
dated 03.02.2026. The said instruction is kept on record and
marked with the letter "X".
6. From a perusal of the said instruction, it appears that the
Respondents have duly admitted that the Petitioner is entitled to
an amount of Rs.28,32,209/- and not Rs.27,66,509/-. Paragraph
Nos. 4 and 5 of the said instruction dated 03.02.2026 being
relevant are reproduced herein under:
"4. In respect of paragraph No.4, deponent begs to state that, it is fact that the
vehicles were hired for different periods for emergency situation i.e. maintaining
law & order situation etc. in Kamrup District as indicated below:
Sl. Registration Types of From To Total Amount
Vehicle
No. Nos. of Vehicle Nos. of Payable
Days
1 AS-25-S-0002 INNOVA 01-12-23 31.12-23 31 days 67,671/-
2 AS-25-S-0002 INNOVA 01-01-24 31-03-24 91 days 2,20,488/-
3 AS-25-S-0002 INNOVA 01-01-24 31-07-24 122 days 2,95,600/-
4 AS-25-S-0002 INNOVA 01-08-24 31-03-25 243 days 5,30,457/-
5 AS-01-EC-0599 CRANE 01-12-23 31-12-23 31 days 93,372/-
6 AS-01-EC-0599 Crane 01-01-24 31-03-24 91 days 2,74,092/-
7 AS-01-EC-0599 CRANE 01-04-24 30-06-24 91 days 2,90,472/-
Page No.# 5/6
8 AS-01-T-9693 WATER 01-12-23 31-12-23 31 days 63,296/-
TANKER
9 AS-01-T-9693 WATER 01-01-24 31-03-24 91 days 1,85,804/-
TANKER
10 AS-01-T-9693 WATER 01-04-24 31-07-24 122 days 2,71,060/-
TANKER
11 AS-01-T-9693 WATER 01-08-24 31-03-25 243 days 5,39,897/-
TANKER
Total Rs. = 28,32,209/-
The Petitioner mentioned in the writ petition that total bill amount Rs.27,66,509/-
but as per office records it is found that total amount payable to petitioner Rupees
28,32,209/- (Total twenty eight lakhs thirty two thousand two hundred nine
rupees) only not Rs.27,66,509/-.
5. In respect of paragraph No.5 deponent begs to state that proposal of total bill
amount Rs.28,32,209/- (Total twenty eight lakhs thirty two thousand two hundred
nine rupees) only have already submitted to APHQRs vide this office Memo
No.KMP/MT/Hire-Veh/2026/727 dated 28-01-2026 for sanctioning fund but no fund
has been received from APHQ to pay the petitioner. Once the funds are made
available, the same shall be paid to the petitioner without any delay."
7. Taking into account the above, it therefore appears that the
Petitioner is entitled to Rs.28,32,209/-.
8. Accordingly, the instant writ petition stands disposed of with
the following observations and directions:
Page No.# 6/6
(i) The Respondent Authorities are directed pay the
Petitioner the admitted amount of Rs.28,32,209/- or
such amount after statutory deductions.
(ii) The said exercise be completed within a period of 6 (six)
months from the date a certified copy of the instant
judgment is served upon the Respondent No.3 i.e. the
Director General of Police, Guwahati.
(iii) Any amount paid during the pendency of the present
proceedings would be set off at the time of disbursal of
the amounts to the Petitioner.
Bijoy Saha Bijoy Saha
Comparing Assistant
