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) 893

THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH, J.
Amin Ansari S/o Gul Mohammad Ansari - Appellant
Versus
The State Of Assam And Ors. - Respondent
WP(C) No.1443 of 2026
Decided On : 27-04-2026

Advocates:
Advocate Appeared:
For the Appellant :Mr. A. K. Hussain, Advocate
For the Respondent:Mr. R. Talukdar, Advocate

When a public authority formally acknowledges an outstanding liability for services rendered, the court may exercise its writ jurisdiction to direct the payment of the admitted amount within a fixed period to resolve the dispute and prevent further hardship to the provider.

Headnote:(A) Constitution of India - Article 226 - Writ jurisdiction - Non-payment of admitted liability - Hiring of vehicle for official requirements - Where service provider has performed duties and respondent authorities have formally admitted the liability to pay outstanding hiring charges, the court may grant relief by directing payment within a stipulated timeframe to prevent financial hardship and unnecessary litigation. (Paras 4, 5)

Facts of the case:
The petitioner, a vehicle owner, engaged in a contract to provide a vehicle for official duties for government authorities. Although the services were rendered according to the terms of the agreement, the payment of the bills remained substantially unpaid. The petitioner approached the court seeking redress for the non-payment of these outstanding dues, contending that the authorities failed to discharge their payment obligation despite receiving services.

Findings of Court:
The court noted that the respondent authorities had clearly acknowledged the outstanding liability in their written communication, which was duly placed on record. Given this admission of liability, the court found it appropriate to dispose of the matter by ordering the release of the admitted amount within a period of six months from the service of the order, ensuring the petitioner’s financial prejudice is mitigated.

Issues: Whether the court can invoke its writ jurisdiction to direct the payment of outstanding hiring charges in instances where the respondent authorities have already acknowledged the specific liability.

Ratio Decidendi: When an authority clearly admits its liability in respect of unpaid dues for services rendered, the writ court acts within its authority to expedite the payment process to ensure prompt satisfaction of admitted debts, thereby avoiding continued hardship to the claimant.

Result: Petition allowed with directions.

Table of Content
1. factual basis for claim of outstanding hire charges. (Para 1 , 2)
2. admission of liability by respondent authorities. (Para 3 , 4)
3. judicial mandate for payment of admitted contractual dues. (Para 5)

JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

The instant writ petition is filed by the Petitioner challenging the non-payment of the admitted amount of Rs.12,39,754/- for hiring the vehicle of the Petitioner by the Respondent Authorities.

2. The case of the Petitioner herein is that the Petitioner is the registered owner of a Mahindra Balero bearing Registration No.AS- 31B-3152. The said vehicle of the Petitioner was taken on hire from time to time by the Respondent No.6 on 18.05.2022 with an assurance to make payment of average of Rs.1,800/- per day excluding driver’s allowances for deploying it in law and order duty etc. The Petitioner has submitted a bill for the period from 18.05.2022 to 30.09.2025 for an amount of Rs.14,24,278/-. Out of the said amount, only an amount of Rs.1,84,524/- has been disbursed to the Petitioner till date and an amount of Rs.12,39,754/- has remained outstanding till date. It is stated that though the Respondent No.6 had duly admitted the bill amount, however the said amount has not been disbursed to him till date.

3. The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has been pursuing the matter diligently with the Respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.12,39,754/- due 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 has approached this Court by filing the instant writ petition.

4. Mr. R. Talukdar, the learned counsel appearing on behalf of the Respondents has placed before this Court a communication dated 24.04.2026 issued by the Respondent No.6 which is kept on record and marked with the letter “X”. From a perusal of the said communication, it is seen that the Respondent Authorities have duly admitted their liability of an amount of Rs.12,39,754/-. The details can be seen in paragraph No.5 of the said communication.

5. Upon perusal of the materials on record, and more particularly the communication dated 24.04.2026, it would be seen that the Respondents therefore admit that the Petitioner is entitled to the amount of Rs.12,39,754/-. Accordingly, the writ petition is disposed of with the following observations and directions:-

i) The Petitioner is entitled to the amount of Rs.12,39,754/- as admitted by the Respondents.

ii) The said amount of Rs.12,39,754/- be paid to the Petitioner within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent Nos.3 & 6, i.e. the Director General of Police, Assam, Ulubari, Guwahati and the Superintendent of Police, Hojai, Assam respectively.

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