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2025 Supreme(Gau) 1319

IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J.
Bobby Kaur Hansepi W/O- Late Barua Timung - Appellant 
Versus
The State Of Assam & Ors - Respondents  
WP(C) 5865 of 2024
Decided on : 13-08-2025

Advocates Appeared:
For the Petitioner:Mr. A. K. Gogoi, Advocate
For the Respondents:Mr. M. Chetia, Govt. Advocate

Public authorities have a duty to ensure timely payment of admitted liabilities, and delays without valid justification can prejudice claimants.

Headnote:(A) Writ Jurisdiction - Issue of non-payment of hire charges - Petitioner claims Rs.8,05,640/- for hiring vehicle - Respondent admitted liability - Delays in payment due to pending approval for funds - Court orders payment within 6 months after service of order. (Paras 1-5)

(B) Public Authorities - Obligation of public authorities to discharge duties - Failure to pay admitted dues constitutes prejudice against claimant. (Paras 3-4)

Facts of the case:
The petitioner, owner of a vehicle, sought payment of Rs.8,05,640/- for hire charges due from the Respondent Authorities who admitted the liability but had not disbursed funds.

Findings of Court:
The respondents' recognition of the amount owed entitles the petitioner to payment within a specified time frame.

Issues: The main issue was the non-payment of admitted dues and the obligations of public authorities in this regard.

Ratio Decidendi: The court reaffirmed that admitted liabilities by authorities should lead to timely payments and that delays without valid reason are unacceptable.

Result: Writ petition disposed of; payment ordered.

Table of Content
1. petitioner claims unpaid hire charges. (Para 1 , 2)
2. petitioner contends lack of payment causes hardship. (Para 3)
3. respondents admit liability for payment. (Para 4)
4. court orders payment of admitted amount. (Para 5)

JUDGMENT :

DEVASHIS BARUAH, J.

The instant writ petition is filed by the petitioner challenging the non-payment of the admitted amount of Rs.8,05,640/- 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, Maruti Eeco bearing registration No. AS-01-ES- 7984. The respondent No.3 took the aforesaid vehicles on hire basis on 05.03.2021; 01.01.2022; 01.07.2022; 01.01.2023; 01.10.2023; 01.12.2023; 01.01.2024 respectively and the vehicle is still in service. The petitioner accordingly submitted the bill before the respondent No.3 through the Office of the Motor Transport Officer, Police Reserve, Guwahati for making payment of Rs.8,05,640/- 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 her 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.8,05,640/- 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.

4. Mr. M. Chetia, the learned 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.8,05,640/- The details can be seen in paragraph No.4 of the said affidavit-in-opposition which being relevant is reproduced herein under:-

“4. That with regard to the statement made in paragraph No.4 of the writ petition, the answering deponent begs to state that the petitioner has made claim of Rs.8,05,640/- only as outstanding hire charge in the instant writ petition. Accordingly, concerned records were checked and verified and found that petitioner has submitted 7 (seven) numbers of hire charge bills on various dates during the period from 05.03.2021 to 31.03.2024 amounting to Rs. 8,05,640/- as per the rate fixed by the Govt. of Assam, Transport Department. However, after completion of required formalities, 6 (six) No's of hire charge bills have been forwarded to the Assam Police Headquarter vide proposals No. 6790-6795 (RV) dated 05.03.2025 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 is as follows:

PROPOSAL NO. 6790-6795 (RV) dated 05.03.2025

Sl. NoVehicle NoTypeFromToAmount in Rs.
1AS-01-ES-7984M/Ecco01-01-202431-03-20241,10,128.00
2AS-01-ES-7984M/Ecco01-01-202230-06-20221,82,538.00
3AS-01-ES-7984M/Ecco01-07-202231-12-20221,85,564.00
4AS-01-ES-7984M/Ecco05-03-202130-06-20211,19,004.00
5AS-01-ES-7984M/Ecco01-12-202331-12-202337,516.00
6AS-01-ES-7984M/Ecco01-01-202331-03-202390,766.00
Rs.7,25,516.00

It is further stated that the verification process concerning the bill for the period from 01.10.2023 to 31.11.2023 amounting to Rs. 73,284/- is pending since there is an objection raised against the bill. However, it will be forwarded to the sanctioning authority as soon as the objection resolved.

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

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