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2025 DIGILAW 1167 (GAU)

Manjuma Begum S/o Habiqul Islam v. State of Assam

2025-07-23

DEVASHIS BARUAH

body2025
JUDGMENT : DEVASHIS BARUAH, J. The instant writ petition is filed by the petitioner challenging the non-payment of the admitted amount of Rs.18,72,535/- for hiring the vehicle of the petitioner by the Respondent Authorities. 2. The case of the petitioner herein is that the petitioner is the owner of the vehicle, namely, Innova Crysta bearing registration No AS-01- EA-4135. The respondent No.3 took the aforesaid vehicles on hire at the fixed rate as hire charge from 01.01.2021 and the vehicle is still in service. The petitioner accordingly submitted the bill w.e.f. 01.01.2021 to 31.03.2024 before the respondent No.3 through the Office of the Motor Transport Officer, Police Reserve, Guwahati for making payment of Rs.18,72,535/- for the said period as hire charge. It is stated that even though the bills were duly admitted by the respondent No.3, however the said amount has not been disbursed to him till date. 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.18,72,535/- 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 land 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.3. 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.19,54,481/-. 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-4 of the writ petition, the answering deponent begs to state that petitioner has made claimed of Rs. Rs.18,72,535/- only as outstanding hire charge in the instant writ petition. Accordingly, concerned records were checked and verified and found that petitioner has submitted 9 (nine) numbers of hire charge bills during the period from 01.07.2021 to 31.03.2024, amounting to Rs. 19,54,481/-. It is stated that the petitioner has made less claim of Rs.81,946/- in the present writ petition. Rs.18,72,535/- only as outstanding hire charge in the instant writ petition. Accordingly, concerned records were checked and verified and found that petitioner has submitted 9 (nine) numbers of hire charge bills during the period from 01.07.2021 to 31.03.2024, amounting to Rs. 19,54,481/-. It is stated that the petitioner has made less claim of Rs.81,946/- in the present writ petition. The reason for claiming less amount that the actual amount as per the bills submitted against the hiring period is best known to her. However, after completion of required formalities, all the hire charge bills were forwarded to the Assam Police Headquarter in 3 (three) proposals for according approval of sanction and allotment of the fund required to make payment to the petitioner. The details of the bill showing proposals No.’s are as follows:- PROPOSAL NO.3207-3237 (RV) dated 08.02.2024 Sl. No. Vehicle No. Type From To Amount in Rs. 1 AS-01-EA-4135 Innova 01.10.2023 30.11.2023 1,47,799.00 Rs. 1,47,799.00 PROPOSAL NO.3657-3665(RV) dated 13.02.2024 Sl. No. Vehicle No. Type From To Amount in Rs. 1 AS-01-EA-4135 Innova 01.01.2021 30.06.2021 2,63,410.00 Rs. 2,63,410.00 PROPOSAL NO.6821-6827 (RV) dated 12.03.2025 Sl. No. Vehicle No. Type From To Amount in Rs. 1 AS-01-EA-4135 Innova 01.02.2022 30.06.2022 3,02,869.00 2 AS-01-EA-4135 Innova 01.07.2022 31.12.2022 3,71,520.00 3 AS-01-EA-4135 Innova 01.01.2023 31.03.2023 1,81,721.00 4 AS-01-EA-4135 Innova 01.07.2021 11.11.2021 2,43,763.00 5 AS-01-EA-4135 Innova 01.10.2023 30.11.2023 1,47,799.00 6 AS-01-EA-4135 Innova 01.12.2023 31.12.2023 75,111.00 7 AS-01-EA-4135 Innova 01.01.2024 31.03.2024 2,20,489.00 Rs. 15,43,272.00 It is further stated that the matter relating to the release of hire charges claim amount always depend on the approval of sanction as well as allotment of fund required from the Sanctioning Authority. However, the required sanction and allotment of fund against the above noted 3 (three) No’s proposals are yet to be received. Once sanction as well as allotment of fund received, steps will be taken to credit the amount to the bank account of the petitioner maintained in the concerned bank.” 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.19,54,481/-. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioner is entitled to the amount of Rs.19,54,481/- as admitted by the Respondents. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioner is entitled to the amount of Rs.19,54,481/- as admitted by the Respondents. ii) The said amount of Rs.19,54,481/- 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.2, i.e. the Director General of Police, Assam, Ulubari, Guwahati.