Ashok Kumar Agarwalla v. The State of Asssam and 2 Ors

ORDER

29.01.2024

¶1Heard Ms. S. Kakoti, learned counsel for the petitioner and Mr. G. Bokolial, learned counsel for all the respondents.

¶2The petitioner's counsel submits that the petitioner has not been paid his contractual dues amounting to Rs.63,44,736/- for the use of his water tankers and Bolero by the respondent No.3. The registration numbers of the four vehicles are AS-14-AE-8966, AS-01-R-0551, AS-01-FC-5051 and As-01-DC-0593.

¶3The petitioner's counsel submits that though the bill of Rs. 63,44,736/- has been submitted to the authorities as hiring charges for the vehicles, the said amount has not been paid to the petitioner as on today. She also submits that the respondent No.3 has, in his affidavit-in-opposition dated 12.01.2024, in Paragraph No. 5 admitted to the amount of Rs.59,67,717/- for which sanction has been asked for from the concerned authority for payment of the hiring charges to the petitioner. She accordingly submits that a direction may be issued to the respondent authorities to pay the said admitted amount within a specified time period.

¶4Mr. G. Bokolial, learned counsel for all the respondents, submits that he has no objection to the prayer made by the petitioner's counsel, keeping in view Paragraph No. 5 of the affidavit dated 12.01.2024 submitted by the respondent No.3. Page No.# 3/3

¶5I have heard the learned counsels for the parties.

¶6Paragraph No. 5 of the affidavit-in-opposition filed by the respondent No.3 is to the following effect- "5. That with regard to the averments made in paragraphs 4, 5 and 6 of the writ petition, the deponent begs to state that as per the available records and altogether 24 nos. of Hire Charges bills has been received from the petitioner on various dates. The hire charge bills were checked and verified with the available concerned records and thereafter forwarded to the sanctioning authority i.e. O/O of the Director General of Police, Assam, Ulubari, Guwahati to accord sanction of the amount of Rs. 59,67,717/- only, entitled under proposal No. 01-10 dated 25.04.2023, 1808-1816 dated 24.04.2023 and 1744-1748 dated 30.01.2023. It is further stated that once sanction against each proposal is received from the sanctioning authority, all necessary steps will be taken to make payment of the entitled amount to the petitioner."

¶7In view of the fact that the state respondents have admitted to the fact that sanction has been asked for payment of Rs.59,67,717/- from the authorities for hiring charges to be paid to the petitioner, it is clear that the admitted amount would have to be paid by the state respondents.

¶8Accordingly, the respondents are directed to pay the amount of Rs.59,67,717/- to the petitioner, within a period of 3(three) months from the date of receipt of a certified copy of this order.

¶9The writ petition is accordingly disposed off.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010067402023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1862/2023o ASHOKoKUMARoAGARWALLAo S/O-oLATEoSURAJMALoAGARWALLA,o R/O-o202,oMAHAVEERoAPARTMENT,o USHAoGALI,oA.T.oROAD,o GUWAHATI,oDIST.oKAMRUP(M),o ASSAM. VERSUSo THEoSTATEoOFoASSSAMoANDo2oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o HOMEoDEPARTMENT,o DISPUR,oGUWAHATI-06. 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI o DIST.-oKAMRUP(M). 3:THEoCOMMISSIONERoOFoPOLICE oGUWAHATI oDIST.-oKAMRUP(M) oASSAMo AdvocateoforotheoPetitionerooooo:oMR.oSoBORTHAKURo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA