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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KARDAK ETE
Raj Barman – Appellant
Versus
State of Assam, Represented By The Principal Secretary, Home And Political Department – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Additional Senior Government Advocate for the respondents.
2. Aggrieved by the non-payment of outstanding hire charges of the vehicle of the petitioner amounting to Rs. 6,65,004/- (rupees six lakh sixty-five thousand four) only, the present writ petition has been filed seeking a direction to the respondent authorities to make payment of the said amount.
3. The petitioner claims to be a reputed entrepreneur, who is engaged in the business of providing vehicles on hire across the State of Assam to various government as well as private organizations. The vehicle of the petitioner, Maruti Van was hired by the respondent authorities during the year 2022-2023 for different periods. The hire was on the requisition of the respondent authorities for public service for the purpose of maintaining law and order in the State of Assam by the Additional District Magistrate, Kamrup Metropolitan District. The requisition order states that hire charges shall be paid on the submissions of bills before the concerned authorities in terms of the government notification dated 06.02.2014.
4. It is
Governmental authorities are obligated to honor undisputed claims for payment, particularly in public service requisition scenarios, and must process these claims expediently.
Government authorities must promptly pay admitted outstanding dues for services rendered, preventing undue hardship to claimants.
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.
Government authorities must comply with contractual obligations by ensuring timely payment for services rendered, preventing undue hardship on service providers.
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.
Public authorities have a duty to ensure timely payment of admitted liabilities, and delays without valid justification can prejudice claimants.
Petitioner's claim for dues upheld; respondents must pay admitted amount and verify remaining claims within specified time.
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 ensure timely payment of acknowledged financial dues to prevent undue hardship to petitioners.
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