SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Gau) 173

THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
KARDAK ETE, J.
Mrs. Anjali Das, W/o. Sri Saranga Das – Petitioner 
Versus
The State of Assam, Represented By The Principal Secretary, Home And Political Department And Ors. – Respondents
WP(C) No.2428 of 2025 
Decided On : 19-01-2026

Advocates Appeared:
For the Petitioner: Mr. A. Deka
For the Respondent: G.A. Assam., GA, Assam.

Government authorities must promptly pay admitted outstanding dues for services rendered, preventing undue hardship to claimants.

Headnote:(A) Relevant Laws: No specific statutes are cited but the claim arises from the principles of contract law and public procurement.

(B) Key Legal Principles: The payment of outstanding dues by government authorities must occur promptly where the amount is admitted.

(C) General Principle: An outstanding hire charge under a requisition for public service is an obligation requiring timely payment.

Facts of the case:
The petitioner, a vehicle hire entrepreneur, sought payment of Rs. 4,42,932 for hire charges for a vehicle requisitioned by respondent authorities. Despite admissions, part of the amount was disputed.

Findings of Court:
The Court directed the respondent authorities to make payment of Rs. 3,32,804, which was admitted, within six months.

Issues: The main issue was the liability to pay the outstanding amount due to the petitioner, particularly the clarification on the disputed portion.

Ratio Decidendi: The court emphasized the obligation for timely payment of the admitted amount and that delaying payment causes undue hardship to the claimant.

Result: Writ petition disposed of, directing payment of Rs. 3,32,804.

Table of Content
1. outstanding hire charges claimed (Para 2 , 3 , 4)
2. arguments regarding the disputed amount (Para 5 , 6)
3. court's directive on admitted amount (Para 7 , 8 , 9 , 10)
4. order for disposal of the writ petition (Para 11 , 12)

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 the outstanding hire charges of the vehicle of the petitioner amounting to Rs. 4,42,932/- (rupees four lakh forty-two thousand nine hundred thirty-two) 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 2024 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 01.01.2024 to 31.12.2024. The respondent authorities had generated hire charges amounting to Rs. 4,42,932/- (rupees four lakh forty-two thousand nine hundred thirty-two) only. The petitioner contends that despite repeated approaches, the respondent authorities have failed to release the said outstanding amount, for which, she 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. 4,42,932/- (rupees four lakh forty-two thousand nine hundred thirty-two) 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, although no affidavit in opposition is filed, by placing the para-wise comments from the respondent authorities, submits that the claim of the petitioner is for an amount of Rs. 4,42,932/- (rupees four lakh forty-two thousand nine hundred thirty-two) only and on scrutiny of the record, the amount claimed for the period from 01.01.2024 to 31.03.2024, amounting to Rs. 1,10,128/- (rupees one lakh ten thousand one hundred twenty-eight) only, relates to a vehicle registered in the name of one Shri Raj Barman and does not belong to the petitioner. However, the petitioner is entitled to an amount of Rs. 3,32,804/- (rupees three lakh thirty-two thousand eight hundred four) only in respect of the period from 01.04.2024 to 31.12.2024. After completion of the scrutiny, the concerned respondent authorities have forwarded the admitted amount of Rs. 3,32,804/- (rupees three lakh thirty-two thousand eight hundred four) only to the Assam Police Headquarters on 25.06.2025 for according approval and sanction as well as allotment of the fund for payment to the petitioner. He submits that the said outstanding admitted amount will be paid to the petitioner as soon as the approval, sanction and allotment of the fund is received from the competent authority.

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

8. The claim of the petitioner is for an amount of Rs. 4,42,932/- (rupees four lakh forty-two thousan

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top