Once a government authority admits a liability for services rendered, it must fulfill the payment obligation promptly, ensuring good faith in contractual dealings.

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. 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

PROPOSAL NO.3657-3665(RV) dated 13.02.2024

PROPOSAL NO.6821-6827 (RV) dated 12.03.2025

It is further stated that