Jayanta Kalita S/o - Late Aswini Kalita v. State of Assam Rep. By The Commissioner And Secretary To The Govt. of Assam Home Departmen
2025-12-10
DEVASHIS BARUAH
body2025
DigiLaw.ai
GUDGMENT : DEVASHIS BARUAH, J. 1.Heard Mr. L. Mohan, the learned counsel appearing on behalf of the petitioner. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the respondent respondents. 2. The instant writ petition is filed by the petitioner challenging the non-payment of the admitted amount of Rs. 47,99,840/- for hiring the vehicles of the petitioner by the Respondent Authorities. 3. The case of the petitioner herein is that the petitioner is the owner of 11 numbers of vehicles bearing registration No AS-06- S-0444 (M/Thar), AS-04-U-5352 (Scorpio), AS-11-T-1816 (Bolero), AS-01-DP-3527 (Bolero), AS-03-T-3544 (M/Thar), AS- 01-BP-8757 (Bolero), AS-05-M-6400 (M/Thar), AS-11-M-0505 (M/Thar), AS-22-F-1799 (Scorpio), AS-07-Q-2555 (Bolero), AS- 01-ED-1268 (Scorpio). The Respondent Authorities took the aforesaid vehicles on hire basis on different dates in the year2022 to 2024 and released the same accordingly. The petitioner thereafter submitted the bill before the Respondent Authorities for making payment for an amount of Rs. 47,99,840/- as hire charge. It is stated that though the Respondent Authorities had duly admitted the bill amount, however the said amount has not been disbursed to him till date. Hence the writ petition. 4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs. 47,99,840/- 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 law and the same has caused prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition. 5. Ms. U. Das, the learned Additional Senior Government Advocate submitted that two affidavits-in-opposition had been filed by the respondent Nos.6 & 7 respectively. Paragraph No.4 of the said affidavit-in-opposition filed by the respondent No.6 on 22.05.2025 being relevant is reproduced herein under:- 4. That with regard to the statements made in paragraph-4 & 5 of the writ petition, the answering deponent begs to state that the petitioner has claimed bills amounting to Rs.47,99,840/- on account of hire charges of the vehicles belongs to him.
That with regard to the statements made in paragraph-4 & 5 of the writ petition, the answering deponent begs to state that the petitioner has claimed bills amounting to Rs.47,99,840/- on account of hire charges of the vehicles belongs to him. Considering the claim made by the petitioner in the instant writ petition, the available records were verified and found that petitioner has submitted 29 No's of hire charge bills on various dates during 2022 to 2024 as per the rate fixed by the Govt. of Assam Transport Department time to time. It is stated that out of 29 No's of hire charge bills, 21 No's of bills have already been checked and verified with the available records and thereafter forwarded to the Sanctioning Authority after completion of verification and observing the formalities required under cover of 2 no's of proposals vide (1) No. 6410-6426 (RV) dated 23.12.2024 containing 17 No's of bills and (2) No. 6786-6789 (RV) dated 05.03.2025 containing 4 No's of bills, total amounting to Rs. 37,35,901/- for according sanction and allotment of the fund required to credit the same to the Bank Account of the petitioner. The remaining 8 No's of bills amounting to Rs. 10,63,939/- is under scrutiny as there are objections and will be forwarded to the Sectioning Authority after completion of the entire process. The details of the bill showing proposals No's against the bills is furnish hereunder: - a. PROPOSAL NO.6410-6426 (RV) DATED 23.12.2024 b. PROPOSAL NO.6410-6426 (RV) DATED 23.12.2024 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 2 (two) 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.” 6. Pursuant thereto, due verification was carried out in respect to the entitlement of the petitioner for the amount of Rs. 10,63,939/- and it was found that the petitioner’s actual entitlement is Rs. 9,88,049/- which is evident from paragraph No.3 of the affidavit filed by the respondent No.7 on 03.12.2025. Paragraph No.3 of the said affidavit being relevant is reproduced herein under:- “ 3.
10,63,939/- and it was found that the petitioner’s actual entitlement is Rs. 9,88,049/- which is evident from paragraph No.3 of the affidavit filed by the respondent No.7 on 03.12.2025. Paragraph No.3 of the said affidavit being relevant is reproduced herein under:- “ 3. That the deponent begs to state that the remaining bills amounting to Rs. 10,63,939/- has already been scrutinized with the relevant records available and found that the petitioner has made excess claim for an amount of Rs. 75,890/-. Therefore, the entitled amount against the hire charges bills are Rs. 9,88,049/-. That after completion of scrutiny and observing required formalities the said bills have been forwarded to the sanctioning authority i.e. Assam Police Headquarters vide proposal No. 1567-1573 (RV) dated22.07.2025 to accord approval of sanction and allotment of fund.” 7. Upon perusal of the said affidavits and more particularly the paragraphs quoted above, it would show that the Respondents therefore admit that the petitioner is entitled to the amount of Rs. 9,88,049+ Rs. 37,35,901= Rs. 47,23,950/-. 8. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioner is entitled to the amount of Rs. 47,23,950/- as admitted by the Respondents. ii) The said amount of Rs. 47,23,950/- be paid to the petitioner after making such statutory deductions, if so required, within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.4, i.e. the Director General of Police, Assam, Ulubari, 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.