Manju Bibi v. The State of Assam and 8 Ors

ORDER

03.01.2024 Heard Shri L. Mohan, learned counsel for the petitioner. Also heard Shri M. Chetia, learned State Counsel for the respondents.

¶2It is the case of the petitioner that he is the owner of three vehicles bearing registration numbers – AS-01-DD-9250 (Water Tanker), AS-01-AY-9935 (Tata Sumo) and AS-25-D-6571 (Bolero) which was given on hire to the respondent authorities for the interest of public service and maintaining the law and order situation etc. The petitioner had accordingly raised bills of Rs.12,30,150/- (Rupees twelve lakhs thirty thousand and one hundred fifty) only Page No.# 3/3 which, however has not been paid. The learned counsel for the petitioner has referred to the affidavit-in-opposition to establish that the amount in question is also admitted by the respondent authorities.

¶3Shri M. Chetia, learned State Counsel submits that the amount in question is not disputed and in this regard, an affidavit-in-opposition has also been filed on 18.09.2021 by the respondent no. 7 – the Superintendent of Police, Kamrup

(R), Amingaon. In the said affidavit-in-opposition, the paragraph 8 reads as follows: "That with regard the statements made in paragraph 6 of the writ petition, the deponent begs to state that the liability is Rs.12,30,153/- payable to the petitioner." Further, in paragraph 9, a chart of the liability statement amounting to Rs.12,30,153/- (Rupees twelve lakhs thirty thousand and one hundred fifty three) has also been given.

¶4On a perusal of the said affidavit-in-opposition and on considering the facts and circumstances, this Court is of the opinion that this writ petition can be disposed of in terms of the law laid down by the Full Bench of this Court in the case of Tamsher Ali & Ors. Vs. State of Assam and Others, reported in 2008 (4) GLT 1. Accordingly, this writ petition is disposed of by directing the respondent authorities to take up the matter for release of the contractual bills to the petitioner by following the prescription laid down in the case of Tamsher Ali (supra). JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010006172021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/513/2021o MANJUoBIBIo W/OoMD.oANOWARoHUSSAIN,oR/OoVILL.oSANIADI,oHAJO,oP.O.oSANIADI,oP.S.o HAJO,oDIST.oKAMRUPo(RURAL),oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oGOVT.oOFoASSAM,o HOMEoDEPTT.,oDISPUR,oGUWAHATIo6 2:THEoADDITIONALoCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT.oDISPUR oGUWAHATIo6 3:THEoPRINCIPALoSECY.oTOoTHEoGOVT.oOFoASSAM oSTATEoHOMEoDEPTT. oDISPUR oGUWAHATI-6 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM.oB.K.oKAKATYoROAD oULUBARI oGUWAHATIo7 5:THEoADDITIONALoDIRECTORoGENERALoOFoPOLICEo(ADMN) oASSAM oB.K.oKAKOTYoROAD oULUBARI oGUWAHATIo7 6:THEoADDITIONALoINSPECTORoGENERALoOFoPOLICEo(ADMN) oASSAM Page No.# 2/3 B.K. KAKOTY ROAD ULUBARI GUWAHATI-7 7:THE SUPERINTENDENT OF POLICE KAMRUP (R) AMINGAON ASSAM. 8:THE DIST. MAGISTRATE CUM DEPUTY COMMISSIONER KAMRUP (R) AMINGAON (LAW AND ORDER) DIST. KAMRUP (R) ASSAM. 9:THE MOTOR TRANSPORT OFFICER KAMRUP (R) ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI