Sujit Namasudra v. The State of Assam and 5 Ors

ORDER

12.02.2024

¶1Heard Mr. P.R. Sarma, learned counsel for the petitioner and Mr. M. Chetia, learned counsel appearing for the BTC.

¶2The case of the petitioners herein is that the vehicle of the petitioner was requisitioned by the respondent authorities and the petitioner has duly submitted the bill amounting to Rs.4,13,992.00. However, in spite of various representations, the said amount has not been paid to the petitioner and due to which, the instant writ petition has been filed.

¶3Mr. M. Chetia, learned counsel for the BTC has submitted letter No.HJI/MT/WP/3563/2023/46-48 dated 06.02.2024 issued by the Superintendent of Police, Hojai and addressed to Mr. S.R. Baruah, Junior Government Advocate, which states that the petitioner's related vehicle bills amounting to Rs.4,13,992/-, have been sent to the Assam Police Headquarters for sanction. Page No.# 3/3

¶4Paragraph 5 of the said letter states as follows : "That Sir, above mentioned Writ Petition related Bills are already sent to A.P. HQR due to the High Charge Bill sanctioned from A.P. HQR. In this regard above mentioned Writ Petition related vehicle hire charge amount Rs.4,13,992.00 (Rupees Four Lakhs thirteen thousand nine hundred ninety two) only already submitted to A.P HQR for sanctioned which pending till date."

The letter dated 06.02.2024 issued by the Superintendent of Police, Hojai is made a part of the record and marked as Annexure-X.

¶5At this stage, Mr. P.R. Sarma, learned counsel for the petitioner prays that he may be allowed to withdraw the writ petition, with liberty to file afresh, by impleading the Assam Police, Headquarters, as sanction for the payment of the hiring charges has to be given by them.

¶6The prayer of the petitioner's counsel is allowed.

¶7The writ petition is dismissed as withdrawn, with liberty to file afresh, after impleading the Assam Police Headquarters.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010009892024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/278/2024o SUJIToNAMASUDRAo S/O-oJITENDRAoNAMASUDRA,oRESIDENToOFoRONGKUToBLOCKoNO-4,o DIPHU,oKARBIoANGLONG,oASSAM-o782481 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oHOMEoDEPARTMENT,oASSAMoSECRETARIAT,o DISPUR,oGUWAHATI,oASSAM-o781006 2:DEPUTYoCOMMISSIONER oHOJAI oSANKARoDEVoNAGAR oHOJAI oASSAM-o782442 3:SUPERINTENDENToOFoPOLICE oHOJAI oSANKARoDEVoNAGAR oHOJAI oASSAM-o782442 4:OFFICERoINoCHARGE oHOJAIoPOLICEoSTATION oASSAM o782435 5:INSPECTORoINoCHARGE oTRAFFIC oHOJAIoPOLICEoSTATION oASSAM Page No.# 2/3 782435 6:MECHANICAL TRANSPORT OFFICER POLICE RESERVE HOJAI ASSA Advocate for the Petitioner : MR P R SARMA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA