Authorities' acknowledgment of liability mandates timely payment to prevent undue hardship, affirming the obligation to discharge public duties effectively.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. SK Singh, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. K Gogoi, the learned Addl. Senior Govt. Advocate, Assam who appears on behalf of the respondents.

2. It is the case of the petitioner that the petitioner is the registered owner of a vehicle bearing Registration No. AS-09G1958 [Bolero (Power)], which was taken on hire by the respondent No. 5 for its official use, with an assurance that payment for such hire would be made. The said vehicle was used for various periods w.e.f. 01.01.2021 to 31.08.2023, and the petitioner accordingly submitted bills for the said periods, amounting to Rs.13,80,106/-, which were duly acknowledged by the respondent authorities. Thereafter, the petitioner personally approached the authorities on different dates and also submitted representations on 21.05.2025 and 30.06.2025. However, no steps have been taken on the representations so submitted and the outstanding dues has not been paid to the petitioner till date and it is under such circumstances, the petitioner has approached this Court.

3. The learned counsel for the petitioner further submitted that the aforesaid amount has been duly acknowledged by the respondent authorities, however, despite such acknowledgement, the outstanding dues have not been released to the petitioner till date. In addition to that, the learned counsel for the petitioner submitted that the petitioner had submitted various representations to the Respondent Authorities for release of the outstanding dues, however, an amount of Rs.13,80,106/-, is still pending.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter delinquently with the respondents, but the respondent authorities have not shown any interest in making the payment of the outstanding dues 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 being aggrieved has approached this Court by filing the instant writ petition.

5. Mr. K Gogoi, the learned Additional Senior Government Advocate submits that an affidavit-in-opposition has been filed by the respondent No.5.

6. From a perusal of the said affidavit-in-opposition, and more particularly, the paragraph No.6, it is seen that the respondent authorities have admitted their liability of an amount of Rs.10,35,650/-, which is pending due, inasmuch as, an amount of Rs.3,44,456/- have already been paid. Paragraph 6 of the said affidavit-in-opposition being relevant is reproduced herein under:-

“6. That with regard to the statements made in paragraph 4 of the writ petition the deponent begs to state that the vehicle was engaged exclusively for Law-and-Order duties pursuant to monthly hiring orders issued from time to time by the District Magistrate on an 'as and when required' basis. Payments for the periods from 01-01- 2021 to 31-01-2021, 01-02-2021 to 28-02-2021, 01-03-2021 to 30-04-2021, 01-05- 2021 to 31-05-2021, 01-06-2021 to 30-06-2021, and 01-08-2021 to 31-08-2021 have been duly made in accordance with the Government-prescribed daily hiring rates. A total sum of Rs.3,44,456/- (Rupees Three Lakh Forty-Four Thousand Four Hundred and Fifty-Six) only has been paid to the petitioner, as substantiated by Annexure-I, Annexure-II, and Annexure-III.

However, the dues for the remaining period from 01-07-2021 to 31-07-2021 and from 01-09-2021 to 31-07-2023, amounting to Rs.10,35,650/- (Rupees Ten Lakh Thirty- Five Thousand Six Hundred and Fifty Only), are outstanding and shall be cleared after the release of the requisite funds by the Gov