SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Gau) 2041

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Devashis Baruah, J.
Pradip Kalita, S/O Late Aswini Kalita – Petitioner
Versus
The State Of Assam Rep By The Commissioner And Secy. Govt. Of Assam, Home Deptt. And Ors. – Respondents
WP(C) 4657 of 2025
Decided On : 08-12-2025

Advocates Appeared:
For the Petitioner:Mr. L. Mohan, Advocate
For the Respondent:Mr. U. Das, Addl. Sr. Govt. Advocate

Petitioner's claim for dues upheld; respondents must pay admitted amount and verify remaining claims within specified time.

Headnote:(A) The judgment discusses principles of administrative law relating to non-payment of dues and constitutional rights.

(B) The petitioner is entitled to the claimed amount based on admission of bills by respondents, with necessary verification for remaining bills.

(C) Respondent authorities have failed to discharge their duties, causing hardship.

Facts of the case:
The petitioner challenges the non-payment of hire charges amounting to Rs.42,68,391/- for vehicles hired by the respondent authorities. While 11 of 22 bills amounting to Rs.20,88,896/- are admitted, remaining bills require verification.

Findings of Court:
Writ petition disposed of directing payment of admitted amount within 6 months, with further verification for the remaining amount.

Issues: Whether the non-payment of dues violates the petitioner’s rights and the procedural handling by respondents.

Ratio Decidendi: The court found respondents admit the entitlement to part of the dues; they must act responsibly to ensure rightful payments.

Result: Writ petition disposed with directives.

Table of Content
1. petitioner's claim for vehicle hire charges. (Para 2 , 3)
2. arguments regarding lack of payment by respondents. (Para 4 , 5)
3. acknowledgment of partial claim eligibility by respondents. (Para 6)
4. court's directive on payment timelines. (Para 7)

JUDGMENT :

Devashis Baruah, J.

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.42,68,391/- 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 9 numbers of vehicles bearing registration No.AS-25-P-2770 (Innova); AS-01-FW-1495 (Balero); AS-01-FT-1366 (Bolero); AS-01-FN-9426 (Innova); AS-11-R-3069 (Innova); AS-23-W-3773 (Innova); AS-01-EA-3495 (Innova); AS-01-DP-5879 (M/Thar) and AS-01-EM-8246 (Innova). The Respondent Authorities took the aforesaid vehicles on hire basis on different dates in the year 2022 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.42,68,391/- 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.

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.42,68,391/- 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 an affidavit-in-opposition had been filed by the respondent No.6. Paragraph Nos.6 & 8 of the said affidavit-in-opposition being relevant is reproduced herein under:-

“6. That with regard to the statement made in paragraph 5 of the Writ Petition, the answering deponent begs to state that petitioner has submitted 22 No's of hire charges bills claiming an amount of Rs. 42,68,391/- as hire charges. Out of the 22 No's of hire charges bills, 11 No's of hire charges bills have been scrutinized with the records available and found in order. Accordingly, these bills have been forwarded to the sanctioning authority to accord approval of sanction and allotment of fund under proposal No. 3288-3298 (RV) dated 01-12-2025. The details of the bills are as follows:

No.Vehicle IDModelStart DateEnd DatePrice
1AS-11-R-3069Innova01.04.202430.06.2024Rs. 198649.00
2AS-11-R-3069Innova01.10.202431.12.2024Rs. 200832.00
3AS-01-EA-3495Innova01.04.202430.06.2024Rs. 220489.00
4AS-01-EA-3495Innova01.10.202431.12.2024Rs. 222912.00
5AS-01-EM-8246Innova01.04.202430.06.2024Rs. 220489.00
6AS-01-EM-8246Innova01.10.202431.12.2024Rs. 222912.00
7AS-23-W-3773Innova01.04.202425.06.2024Rs. 187734.00
8AS-01-FN-9426Innova01.04.202430.06.2024Rs. 198649.00
9AS-01-FN-1495Bolero01.04.202430.06.2024Rs. 185804.00
10AS-01-DP-5879M/Thar01.04.202430.04.2024Rs. 44622.00
11AS-01-FT-1366Bolero01.04.202430.06.2024Rs. 185804.00
Rs. 2088896.00

The rest 11 No's of bills amounting to Rs. 21,79,890/- (Rupees Twenty One Lakh Seventy Nine thousand Eight hundred and Ninety) only are under verification as objection raised against these bills. It is stated that after completion of scrutiny with necessary correction if required, the entitled amount against each bill will be forwarded to the Assam Police Headquarter to accord approval of sanction.

It is further stated that the matter

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top