GAHC010111282025 2026:GAU-AS:4713 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2943/2025 MRS INDRA SINGH KEDAR ROAD, JAY KUMAR BUILDING, 1 FLOOR, PO-FANCY BAZAR, PS-

BHARALUMUKH, DISTRICT, KAMRUP (M), GUWAHATI-781001, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006, KAMRUP (M), ASSAM

2:THE COMMISSIONER OF POLICE ASSAM POLICE COMMISSIONERATE MG ROAD PANBAZAR KAMRUP(M)

ASSAM GUWAHATI-781001

3:THE DIRECTOR GENERAL OF POLICE GUWAHATI-7 ASSAM

4:THE MOTOR TRANSPORT OFFICER POLICE RESERVE ASSAM POLICE COMMISSIONERATE MG ROAD PANBAZAR GUWAHATI-781001 KAMRUP(M)

ASSAM

5:ADDITIONAL DISTRICT MAGISTRATE KAMRUP (METROPOLITAN)

DISTRICT GUWAGHATI-1 ASSAM Advocate for the Petitioner : MR ABANI DEKA, Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 01.04.2026 Heard Mr. A. Deka, learned counsel for the petitioner; Mr. M. Chetia, learned Junior Government Advocate, Assam for all the respondents.

2. The case of the petitioner projected in this writ petition, in brief, is that she is a registered owner of two vehicles [Mahindra Thar] bearing Registration nos. AS-01/HC-9662 and AS-01/HC-9665 [‘the subject-vehicles’, for short]. The petitioner has stated that during the period from 1^st January, 2018 to 31^st December 2024, the subject-vehicles were hired on different occasions by different orders issued under the hand of the respondent no. 5. The orders were passed mentioning that the subject-vehicles were required for public service of maintaining law and order in the State of Assam and the subject-vehicles had been taken on hire as per the terms and conditions set forth in the orders itself. The orders mentioned that the hire charges shall be paid on submission of bills in duplicate on completion of the duty for which the subject-vehicles were hired and the bills would be forwarded to the concerned Superintendent of Police for payment. The hire charges shall be paid as per the specified rates for types of vehicles indicated therein and as per rates prescribed in the Government notifications.

3. The petitioner has stated that after the subject-vehicles were released, she submitted bills as per the prescribed rates before the respondent authorities, as mentioned in detail in Paragraph 5 of the writ petition. According to the petitioner, the total amount of all the bills had amounted to ₹ 55,27,499/-.

4. As till the date of filing of the writ petition in May, 2025, the respondent authorities did not make any payment of the final bill amount of ₹ 55,27,499/-, stating that despite repeated approaches and representations, the respondent authorities were found reluctant to release the said amount, the petitioner had instituted the instant writ petition seeking a direction to the respondent authorities to release the amount of ₹ 55,27,499/-.

5. In response to the claim made by the petitioner, the respondent no. 2 has filed an affidavit-in-opposition traversing the statements and averments made in the writ petition. In the affidavit-in-opposition, the respondent no. 2 has admitted on the basis of official records available that the subject-vehicles which belong to the petitioner, were hired for the purpose of maintenance of law and order duty as per the provisions of the Assam Requisition and Control of Vehicles Act, 1968, as amended, following the per diem rate fixed by the Transport Department, Government of Assam in the Notifications dated 06.02.2014 and 27.08.2023 on various dates from 2018 to 2024.

6. The respondent no. 2 has stated that as against the claim made by the petitioner for the amount of ₹ 55,27,499/- towards hire charges, it was found, on examination of official records, that the petitioner had submitted 32 nos. of hire charges bills on various dates towards hire charges of the subject-vehicles during the period from 2018 to 2024. The respondent no. 2 has further averred