Baharul Islam v. The State of Assam and 8 Ors

ORDER

20.08.2024

¶1Heard Mr. M.H. Ahmed, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned counsel for the respondent nos.1, 4, 5, 6, 8 & 9. Ms. Y.A. Kopnyae, learned counsel appears on behalf of Ms. M.D. Borah, learned counsel for the respondent nos.2 & 3.

¶2The petitioner is the owner of a traveller Mini Bus bearing registration no. AS-01/GC-0298. The petitioner is aggrieved by the non-payment of the requisition dues of his vehicle, which was requisitioned on 04.04.2015 and Page No.# 3/4

29.01.2016, besides the vehicle being detained by the police on three occasions. The petitioner has made the following prayers in the writ petition :

"I. Directing the respondents to pay the bill for requisition of the vehicle done by the respondents on 04.04.2015 and 29.01.2015 to the petitioner. II. Prohibiting/restraining the respondents from further requisitioning the petitioner's vehicle bearing registration no. AS-01GC-0298 (Traveller) frequently and without payment of the bill for earlier periods of requisition of the vehicle."

¶3The petitioner's counsel submits that he does not wish to press prayer no.2, inasmuch as, the same has become infructuous with lapse of time. However, with regard to the non-payment of the petitioner's dues, he submits that paragraph-4 of the affidavit-in-opposition filed by the respondent no.9 shows that the petitioner is to be paid Rs.5,250/- which has not been paid due to insufficient funds, though requisition for the same had been made.

¶4Mr. S.S. Roy, learned counsel appearing for the respondent nos.1, 4, 5, 6, 8 & 9 submits that the petitioner will be paid the admitted amount of Rs.5,250/- within 10 (ten) days from the date of receipt of a certified copy of this order.

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

¶6The affidavit-in-opposition filed by the respondent no.9 in paragraph 4 has categorically admitted to the fact that the petitioner is liable to be paid Rs.5,250/- and the same has not been paid due to insufficient funds. The affidavit-in-opposition of the respondent no.9 had been filed on 24.05.2016. It is Page No.# 4/4 surprising that even after the filing of the affidavit-in-opposition, the due amount has not been paid to the petitioner even after a lapse of 8 (eight) years.

¶7In view of the admission made by the respondents that the petitioner is liable to be paid Rs.5,250/-, the respondents shall pay the same within 10 (ten) days from the date of receipt of a certified copy of this order.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010107352016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1041/2016o BAHARULoISLAMo S/O-oLT.oKHALILoUDDINoPARAMANIK,oR/O-oGANDHIoBASTI,oTINIALIo LALMATIoROAD,oH/NO.o15,oCHANDMARIoGUWAHATI,oDIST.-oKAMRUPoM,o ASSAM,oPIN-o781003. VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REP.oBYoTHEoCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM,oDISPUR,oGHY-o6. 2:THEoSECRETARY oTRANSPORToAUTHORITY oASSAM oGHY-o22. 3:THEoDIRECTORoOFoTRANSPORToAUTHORITY oASSAM oGHY-o35. 4:THEoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-o6. 5:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGHY-o7. 6:THEoINSPECTORoGENERALoOFoPOLICE oASSAM oULUBARI Page No.# 2/4 GHY- 7. 7:THE COMMISSIONER OF FINANCE ASSAM DISPUR GHY- 6. 8:THE DY. COMMISSIONER UDALGURI BTAD ASSAM PIN- 784509. 9:THE SUB DIVISIONAL OFFICER CIVIL BHERGAON DIST.- UDALGURI ASSAM PIN- 784509 Advocate for the Petitioner : MR. M R CHOUDHURY, MR. A HUSSAIN,MR M H AHMED,MS C BORAH Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA