Subir Paul v. The State of Assam and 10 Ors

ORDER Date : 19.07.2024

Heard Mr. J. I. Borbhuiya, the learned counsel appearing on behalf the petitioner. Mr. K. Gogoi, the learned counsel appearing on behalf of the respondent Nos. 1, 3, 4, 5, 6, 8, 9 & 10. Mr. P. Nayak, the learned counsel appearing on behalf of the respondent Nos. 2 and 11.

¶2The instant writ petition has been filed by the petitioner being aggrieved by the non-payment of its dues to the tune of Rs. 46,06,252/- which the respondent authorities are liable to pay to the petitioner on account of hiring of the vehicles belonging to the petitioner.

¶3This Court has issued notice on 29.05.2023 and pursuant thereto, today Mr. K. Gogoi, the learned counsel appearing on behalf of the respondents has placed before this Court an instruction issued by the Superintendent of Police, Kokrajhar, Assam, wherein it has been duly admitted that the petitioner is entitled to the amount of Rs. 46,06,252/- against the hiring of as many as 22 vehicles. However, on account of non-receipt of the sanction order, the said amount could not be paid. The said instruction which has been produced before this Court is kept on record and marked with the letter 'X'.

¶4Taking into account that the amount of Rs. 46,06,252/- is admitted by the respondent authorities as payable to the petitioner, this court disposes of the instant writ petition with a direction to the Director General of Police, to take appropriate steps for sanctioning of the said amount and post the sanction, granted, the respondent authorities more particularly the respondent No. 9 shall duly disburse the said amount to the petitioner.

¶5The said exercise be completed within period of 6 (six) months from the date a certified copy is served upon the respondent No. 5 along with a copy to the respondent no. 9.

¶5With the above the instant writ petition stands disposed of.

Page No.# 4/4 JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010102682023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2670/2023o SUBIRoPAULo S/O-oLATEoHARENDRAoPAUL,oR/O-oSANTINAGAR,oWARDoNO-3,o P.OoANDoP.S-oKOKRAJHAR,oDIST-oKOKRAJHARo(BTAD),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo10oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HOMEoDEPARTMENTo oDISPUR,oGHY-06. 2:THEoBODOLANDoTERRITORIALoAUTONOMOUSoCOUNCIL oREP.oBYoTHEoPRINCIPALoSECRETARYo oBTADoKOKRAJHAR oASSAM 3:THEoADDL.oCHIEFoSECRETARY oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENTo oDISPUR oGHY-06. 4:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENTo oDISPUR oGHY-06. 5:THEoDIRECTORoGENERALoOFoPOLICE oASSAMo oULUBARI oGUWAHATI-07 Page No.# 2/4 6:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMIN) ULUBARI GUWAHATI-07 7:THE ADDL. DIRECTOR GENERAL OF POLICE BTAD KOKRAJHAR ASSAM 8:THE ADDL. INSPECTOR GENERAL OF POLICE (ADMIN) ULUBARI GUWAHATI-07 9:THE SUPERINTENDENT OF POLICE KOKRAJHAR ASSAM 10:THE DISTRICT MAGISTRATE CUM DEPUTY COMMISSIONER KOKRAJHAR (LAW AND ORDER) KOKRAJHAR ASSAM 11:THE MOTOR TRANSPORT OFFICER (M.T.O) KOKRAJHAR ASSA Advocate for the Petitioner : MR. J I BORBHUIYA (advocate) Advocate for the Respondent : Mr. K. Gogoi (Advocate) Mr. P. Nayak (Advocate) Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH