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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Nirmala Sarma W/O- Sri Bipul Sarma – Appellant
Versus
State Of Assam Represented By Its Commissioner And Secretary, Department Of Home – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. R. Sharma, 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 outstanding bill amount of amount of Rs.1,56,36,524/- 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 23 numbers of vehicles bearing registration No. AS13C509 (R. Van); AS25AC5272 (Water tanker); AS25Q6718; (R. Van); AS02E8430 (M/Truck); AS16C2865 (Water Tanker); AS01JC0476 (Water Tanker); AS01FC4356 (Water Tanker); AS19C6067 (M/Truck); AS01EP5438 (M/ECCO); AS25CC9010 (M/Truck); AS01KC 9674 (Water Tanker); AS25Q6717 (R. Van); AS25EC5685 (Water tanker); AS01GC2148 (Water Tanker); AS01EC3208 (Water Tanker); AS19C6067 (M/Truck); AS01DU9295 (Bolero); AS01BT4058 (Innova); AS25R5852 (Indigo); AS01JC7180 (TATA Suno); AS01ET 2661 (Ertiga); AS01HC7823 (Magic) and AS01EX8151 (Bolero). The Respondent Authorities took the aforesaid vehicles on hire basis on different dates in the year 2022 t
Government authorities must ensure timely payment of acknowledged financial dues to prevent undue hardship to petitioners.
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.
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.
Once a government authority admits a liability for services rendered, it must fulfill the payment obligation promptly, ensuring good faith in contractual dealings.
Public authorities have a duty to ensure timely payment of admitted liabilities, and delays without valid justification can prejudice claimants.
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.
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