GAHC010180432025 2025:GAU-AS:16922

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4657/2025

PRADIP KALITA

S/O LATE ASWINI KALITA, R/O MA CASTLE PARADISE, 6TH FLOOR, FLAT NO. 6-A AND 6-D KAHILIPARA, P.O. KAHILIPARA, P.S. DISPUR, GUWAHATI

19, DIST. KAMRUP (M), ASSAM.

VERSUS

THE STATE OF ASSAM AND 7 ORS

REP BY THE COMMISSIONER AND SECY. GOVT. OF ASSAM, HOME DEPTT.,

DISPUR, GUWAHATI 6

2:THE PRINCIPAL SECY. TO THE GOVT OF ASSAM

STATE HOME DEPTT.

DISPUR

GUWAHATI 6

3:THE DIRECTOR GENERAL OF POLICE

ASSAM

B.K. KAKATY ROAD

ULUBARI

GUWAHATI 7

4:THE ADDL. DIRECTOR GENERAL OF POLICE

(ADMN)

ASSAM. B.K. KAKOTY ROAD

ULUBARI

GUWAHATI 7

5:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMN)

ASSAM

B.K. KAKOTY ROAD

ULUBARI GUWAHATI 7

6:THE COMMISSIONER OF POLICE GUWAHATI KAMRUP (M)

ASSAM.

7:THE DIST. MAGISTRATE CUM DEPUTY COMMISSIONER KAMRUP (M) (LAW ORDER)

DIST. KAMRUP (M0 ASSAM.

8:THE MOTOR TRANSPORT OFFICER (M.T.O.)

KAMRUP (M)

ASSAM BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH For the petitioner (s) : Mr. L. Mohan, Advocate For the respondent (s) : Mr. U. Das, Addl. Sr. Govt. Advocate Date on which judgment is reserved : NA Date of pronouncement of judgment : 08.12.2025 Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been Pronounced? : Yes

JUDGMENT AND ORDER (ORAL)

Heard Mr. L. Mohan, the learned counsel appearing on behalf of the petitioner. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the respondent respondents.

2. The instant writ petition is filed by the petitioner challenging the non-payment of the admitted amount of Rs.42,68,391/- for hiring the vehicles of the petitioner by the Respondent Authorities.

3. The case of the petitioner herein is that the petitioner is the owner of 9 numbers of vehicles bearing registration No.AS-25-P- 2770 (Innova); AS-01-FW-1495 (Balero); AS-01-FT-1366 (Bolero); AS-01-FN-9426 (Innova); AS-11-R-3069 (Innova); AS- 23-W-3773 (Innova); AS-01-EA-3495 (Innova); AS-01-DP-5879 (M/Thar) and AS-01-EM-8246 (Innova). The Respondent Authorities took the aforesaid vehicles on hire basis on different dates in the year 2022 to 2024 and released the same accordingly. The petitioner thereafter submitted the bill before the Respondent Authorities for making payment for an amount of Rs.42,68,391/- as hire charge. It is stated that though the Respondent Authorities had duly admitted the bill amount, however the said amount has not been disbursed to him till date.

4. 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.42,68,391/- 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.

5. Ms. U. Das, the learned Additional Senior Government Advocate submitted that an affidavit-in-opposition had been filed by the respondent No.6. Paragraph Nos.6 & 8 of the said affidavit-in-opposition being relevant is reproduced herein under:-

“6. That with regard to the statement made in paragraph 5 of the Writ Petition, the answering deponent begs to state that petitioner has submitted 22 No's of hire charges bills claiming an amount of Rs. 42,68,391/- as hire charges. Out of the 22 No's of hire charges bills, 11 No's of hire charges bills have been scrutinized with the records available and found in order. Accordingly, these bills have been forwarded to the sanctioning authority to accord approval of sanction and allotment of fund under proposal No. 3288-3298 (RV)

dated 01-12-2025. The details of the bills are as follows: 1 AS-11-R-3069 Innova