Md. Monowar Hussain v. The State of Assam and 8 Ors

ORDER

22.03.2024

¶1Heard Mr. L. Mohan, learned counsel for the petitioner and Ms. U. Das, learned counsel for all the respondents.

¶2The petitioner is aggrieved by non-payment of the hiring charges of his vehicles bearing registration nos. AS-25D-9059 (Scorpio) and AS-25A-5499 (Water Tanker), amounting to Rs.11,75,977/-, payable by the respondents.

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¶3Ms. U. Das, leaned counsel submits that affidavit-in-opposition has been filed on behalf of the respondent no.4, who is the Deputy Commissioner of Police (Adm.), Guwahati, which is to the effect that while the petitioner had claimed an amount of Rs.11,75,977/-, on checking the records it was found that an amount of Rs.1,85,721/- had already been paid to the petitioner. The remaining balance amount of Rs.9,90,256/- would be paid to the petitioner, as a proposal has been sent to the Assam Police Headquarters for sanction of the said amount.

¶4In view of the submissions made by the counsels for the parties and on perusing the affidavit-in-opposition filed by the respondent no.4, the respondents are directed to pay to the petitioner the balance amount of Rs.9,90,256/-, within a period of 4 (four) months from the date of receipt of a certified copy of this order.

¶5As the present order has been made on the basis of the affidavit-in-opposition which has been submitted by Ms. U. Das, Registry to ensure that the affidavit filed by Ms. U. Das is placed on record.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010023052021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/888/2021o MD.oMONOWARoHUSSAINo S/OoLATEoJABBARoALI,oR/OoVILL.oSANIADI,oHAJO,oP.O.oSANIADI,oP.S.oHAJO,o DIST.oKAMRUPo(R),oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECY.oGOVT.oOFoASSAM,o HOMEoDEPTT.,oDISPUR,oGUWAHATIo6 2:THEoADDL.oCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGUWAHATIo6 3:THEoPRINCIPALoSECY.oTOoTHEoGOVT.oOFoASSAM oSTATEoHOMEoDEPTT. oDISPUR oGUWAHATIo6 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oB.K.oKAKATYoROAD oULUBARI oGUWAHATIo7 5:THEoADDL.oDIRECTORoGENERALoOFoPOLICEo(ADMN) oASSAM oB.K.oKAKOTYoROAD oULUBARI oGUWAHATIo7 Page No.# 2/3 6:THE ADDL. INSPECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI -7 7:THE SUPERINTENDENT OF POLICE KAMRUP (M) GUWAHATI ASSAM. 8:THE DIST. MAGISTRATE CUM DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI ASSAM. 9:THE MOTOR TRANSPORT OFFICER (M.T.O.) KAMRUP (M) GUWAHATI ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA