Jinti Ara Begum v. The State of Assam and 8 Ors

ORDER

18.11.2024 Heard Mr. A. Hossain, learned counsel for the petitioner. Also heard Mr. K. Page No.# 3/5 Gogoi, learned Addl. Sr. Government Advocate appearing for the State respondents.

¶2By way of this writ petition under Article 226 of the Constitution of India the petitioner is seeking release of the admitted amount of Rs.4,98,440.25/- (Rupees Four Lakhs Ninety Eight Thousand Four Hundred Forty and Two Five paisa), as due to be paid to him by the authorities on the basis of the vehicle hired by them as per requirement.

¶3It appears that the petitioner is the registered owner of a vehicle bearing registration No.AS-25-BC-3933 (Scorpio), which was hired by the respondents on different dates in the year 2022-23 for the purpose of maintaining law and order situation etc. in the district of Kamrup and also released on different dates after utilizing the same for different period of time. It further appears that the petitioner submitted her bill after the release of her vehicle, which is amounting to Rs.4,98,440.25/-(Rupees Four Lakhs Ninety Eight Thousand Four Hundred Forty and Two Five paisa). Since no payment was made, the petitioner has filed the instant writ petition.

¶4During the pendency of the writ petition, the respondent No.8 (Superintendent of Police, Kamrup) has filed an affidavit-in-opposition on

07.08.2024, wherein the respondent has clearly admitted that the aforesaid amount of Rs.4,98,440.25/-(Rupees Four Lakhs Ninety Eight Thousand Four Hundred Forty and Two Five paisa) is due to the petitioner.

¶5Paragraph Nos.6, 7 & 8 of the aforesaid affidavit-in-opposition are Page No.# 4/5 reproduced hereunder for ready reference:- "6. That with regard to the statement made in paragraph No. 4 to the Writ Petition, the answering deponent begs to state that the fact is that the vehicle No. AS 25 BC/3933 of the petitioner was requisitioned (as per office records) and released as under:

Sl No. Vehicle Regd. Type Vehicle Date

of requisition Date

of release No. days AS25BC/3933 Scorpio 01-07-2022

31.12.2022 184 AS25BC/3933 Scorpio 01-01-2023

31.03.2023 90

The liability against the vehicle stands as under:

Sl. No. Vehicle Regd. Type Vehicle No. of day Total Payable AS25BC/3933 Scorpio Rs.3,34,719/-AS25BC/3933 Scorpio Rs.1,63,721/-

¶7That with regard to the statement made in paragraph No. 5 to the Writ Petition, the answering deponent begs to state that this Respondent has written a proposal vide Memo No. KMP/MT/Hire-Veh/2023/446 dated 11-01-2024 to the Asstt. Inspector General of Police (Admn.) for payment of dues of the petitioner but as of date sanction and funds have but been received from APHQ. As soon as the funds, sanction etc. are received from APHQ, the dues shall be cleared.

¶8That with regard to the statement made in paragraph No. 6 to the Writ Petition, the answering deponent begs to state that the amount of Rs. 4,98,440.25/- is admittedly due to the petitioner."

¶6Mr. A. Hossain, learned counsel for the petitioner submits that in view of Page No.# 5/5 the categorical admission on behalf of the respondents, the writ petition can be disposed of with a direction to release the aforesaid admitted amount.

¶7Mr. K. Gogoi, learned Addl. Sr. Government Advocate also fairly submits that in terms of the aforesaid paragraphs as contained in the said affidavit-in-opposition filed by the respondent No.8, the writ petition can accordingly be disposed of.

¶8I have heard the learned counsel for the parties.

¶9In view of the aforesaid endorsements made by the learned counsel for the parties and the admission as contained in Paragraph No.8 of the affidavit-in-opposition extracted hereinabove filed by the respondent No.8 on 07.08.2024, this Court in the interest of justice is inclined to dispose of this writ petition by directing the respondent authorities to release the admitted amount of Rs.4,98,440.25/-(Rupees Four Lakhs Ninety Eight Thousand Four Hundred Forty and Two Five paisa) to the petitioner within a period of 3(three) months from the date of receipt of a certified copy of this order.

¶10Ordered accordingly.

¶11The writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010285472023 ooooooo 2024:GAU-AS:11232 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7361/2023o JINTIoARAoBEGUMo D/OoANOWARoHUSSAINo R/OoVILL-oSANIADI,oHAJOo P.O.oSANIADI,oP.S.oHAJOo DIST.oKAMRUP,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoGOVT.oOFoASSAM,oHOMEo DEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoADDITIONALoCHIEFoSECRETARY oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oSTATEoHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oB.K.oKAKATYoROAD oULUBARI oGUWAHATI-7. Page No.# 2/5 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI-7. 6:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI-7. 7:THE DISTRICT MAGISTRATE -CUM-DEPUTY COMMISSIONER KAMRUP (LAW AND ORDER) DIST. KAMRUP (R) ASSAM 8:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON ASSAM 9:THE MOTOR TRANSPORT OFFICER KAMRUP ASSA Advocate for the Petitioner : MR. J I BORBHUIYA, MR A HOSSAIN,MR. L MOHAN,MRS. K H CHOUDHURY Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI