Subrata Sen v. The State of Assam and 2 Ors

ORDER

08.08.2024 Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner and Mr. M. Chetia, learned counsel appearing for all the respondents.

¶2The petitioner's prayer is for payment of hiring charges of his vehicles amounting to Rs.30,67,488/-.

¶3The affidavit-in-opposition filed by the respondent No.3 on 31.05.2024 has admitted that the petitioner's vehicles had been hired by the respondent authorities and that the bills for hiring charges received from the petitioner had been forwarded to the concerned department for necessary sanction and release of funds. Further, payment would be made on receipt of funds from the government.

¶4Para 3 of the affidavit-in-opposition of the respondent No.3 is reproduced hereinbelow as follows: "That, with regard to the statement made in paragraph 3 to 6 of the writ petition the deponent states that the vehicles were hired by the respondent authority from the concerned petitioner for the interest of public service and for Counter insurgency operation and NRC duty (Law & Order). Accordingly, the hiring charges bills had been received from the concerned writ petitioner and the same had been duly forwarded to the Government in Home & Political Department vide No. KNZ-5/2018/Pt./14 dated 02-06-2022 & No. KNZ-4/2019/184 dated 26-07-2021 for necessary sanction and release of fund. On receipt of fund from the Government payment will be made accordingly." Page No.# 3/3

¶5As the claim of the petitioner for payment of the outstanding dues amounting to Rs.30,67,488/- for hiring charges of his vehicles is admitted by the respondent authorities, the respondents are directed to sanction the funds and allot the same for payment to the petitioner within a period of 3(three) months from the date of receipt of a certified copy of this order.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010060932024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2140/2024o SUBRATAoSENo SONoOFoLT.oGOPALoCHANDRAoSEN,oRESIDENToOFoSANTINAGAR,oWARDo NO.-3,oP.O.oKOKRAJHAR,oP.S.oKOKRAJHAR,oDISTRICT-oKOKRAJHARo (BTAD),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoGOVERNMENTo OFoASSAM,oHOMEoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oSTATEoHOMEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoCOMMISSIONER oKOKRAJHAR oDISTRICT-oKOKRAJHAR oASSAo AdvocateoforotheoPetitionerooooo:oMR.oJoIoBORBHUIYA,oMRS.oKoHoCHOUDHURY,MR.oLoMOHANo AdvocateoforotheoRespondento:oGA,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA