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.

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. 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