Government authorities must comply with contractual obligations by ensuring timely payment for services rendered, preventing undue hardship on service providers.

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. 2,60,37,035/- 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 17 numbers of vehicles bearing registration No. AS-01- DD-1306 (Water Tanker), AS-25-CC-5606 (Mahindra Thar), AS- 01-BW-0066 (Innova), AS-01-GC-9246 (Mini Bus), AS-09-C-9675 (Water Tanker), AS-01-AV-9969 (Bolero A/C), AS-14-C-0421 (City Ride), AS-01-EK-9916 (Bolero), AS-01-DC-0085 (Water Tanker), AS-15-C-5465 (Water Tanker), AS-01-HC-0059 (Swift Dzire), AS- 01-AC-1538 (Water Tanker), AS-14-A-8376 (City Ride), AS-14-A- 9204 (City Ride), AS-25-AC-9209 (Mini Bus), AS-09-C-6055 (Water Tanker), AS-01-GC-9134 (Bus). The Respondent Authorities took the aforesaid vehicles on hire basis on different dates in the year 2017 to 2023 and released the same accordingly. The petitioner thereafter submitted the bill before the Respondent Authorities for making payment for an amount of Rs. 2,60,37,035/- 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. 2,60,37,035/- 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 No.5 of the said affidavit-in- opposition being relevant is reproduced herein under:-

“5. That with regard to the statements made in paragraphs 5 & 6 of the writ petition, the answering deponent begs to state that the petitioner has made claim of Rs. 2,60,37,035/- only as outstanding hire charge in the instant writ petition. Accordingly, concerned records were checked and verified and found that petitioner has submitted 153 numbers of hire charge bills on various dates during the period from 2017 to 2023, total amounting to Rs. 2,60,37,035/- as per the rate fixed by the Govt. of Assam, Transport Department. It is stated that out of 153 bills submitted by the petitioner, 127 No's of bills were checked and verified with the available concerned records. However, after completion of required formalities, these bills were forwarded to the Assam Police Headquarter in 7 (seven) No's of 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:

The verification process for the remaining bills amounting to Rs. 37,39,415 is continuing as an objection raised against these bills. However, it will be forwarded to the sanctioning authority as soon as the process of re-assessment of the bills will be completed. 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,