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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Jayanta Kalita S/o - Late Aswini Kalita – Appellant
Versus
State Of Assam Rep. By The Commissioner And Secretary To The Govt. Of Assam Home Departmen – Respondent
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 sai
The court affirmed that an accepted payment claim creates an obligation on authorities to disburse the amount promptly to avoid undue hardship to the claimant.
Government authorities must comply with contractual obligations by ensuring timely payment for services rendered, preventing undue hardship on service providers.
Petitioner's claim for dues upheld; respondents must pay admitted amount and verify remaining claims within specified time.
Government authorities must ensure timely payment of acknowledged financial dues to prevent undue hardship to petitioners.
Public authorities have a duty to ensure timely payment of admitted liabilities, and delays without valid justification can prejudice claimants.
Once a government authority admits a liability for services rendered, it must fulfill the payment obligation promptly, ensuring good faith in contractual dealings.
Government authorities must promptly pay admitted outstanding dues for services rendered, preventing undue hardship to claimants.
Governmental authorities are obligated to honor undisputed claims for payment, particularly in public service requisition scenarios, and must process these claims expediently.
The authority's acknowledgment of a specific owed amount obligates prompt payment under Article 226, while procedural steps for fund release must be adhered to.
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