Governmental authorities are obligated to honor undisputed claims for payment, particularly in public service requisition scenarios, and must process these claims expediently.

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 contended that the vehicle-Maruti Van provided by the petitioner was engaged for the period from 01.01.2022 to 31.12.2022; 01.01.2023 to 30.06.2023; 01.10.2023 to 30.11.2023 and 01.12.2023 to 31.12.2023. The respondent authorities had generated hire charges amounting to Rs. 6,65,004/- (rupees six lakh sixty-five thousand four) only. The petitioner contends that despite repeated approaches, the respondent authorities have failed to release the said outstanding amount, for which, he has suffered serious financial hardship.

5. Mr. Deka, learned counsel for the petitioner, submits that there is no dispute to the said outstanding bill amount of Rs. 6,65,004/- (rupees six lakh sixty-five thousand four) only, as the same is admittedly the hire charges of the vehicle on being requisitioned by the respondent authorities, which is an admitted amount payable to the petitioner. Therefore, a direction may be issued to the respondent authority to release the said outstanding hire charge of the vehicle requisitioned by the respondents.

6. Mr. K. Gogoi, learned Additional Senior Government Advocate, submits that an amount of Rs. 91,774/- (rupees ninety-one thousand seven hundred seventy- four) only for the period from 01.04.2023 to 30.06.2023 out of the split-up bill has already been credited to the bank account of the petitioner on 24.03.2024. For the remaining amount, the sanction and allotment of funds is yet to be received. Once the sanction and allotment of funds is received, the same shall be released to the petitioner. He submits that there is no dispute that the vehicle of the petitioner was hired under the provisions of the Assam Requisition and Control of Vehicles Act, 1968.

7. I have considered the submissions of the learned counsels for the parties and also perused the materials available on record.

8. The respondents have filed the affidavit, the relevant paragraph No. 7 is reproduced hereinunder:

“…7. That with regard to the statement made in paragraph - 5 of the writ petition, the answering deponent begs to state that the petitioner has claimed of Rs. 6,65,004/- only as outstanding hire charge in the instant writ petition. During scrutiny of the records available, it is found that out of the 5 (five) bills, 1 (one) bill for the period from 01.01.2023 to 30.06.2023 amounting to Rs. 1,82,538/- has been split up on the basis of instruction received from the Govt. in the year 2023, wherein direction was given to the Police Department to receive the Hire Charge Bill(s) from the registered owner of the vehicle(