Biswajit Baruah v. The State of Assam and 2 Ors

ORDER

13.12.2023 Heard Shri MJ Baruah, learned counsel for the petitioner. Also heard Shri S. Page No.# 2/3 Dutta, learned Standing Counsel, Revenue Department for the respondent no. 1 as well as Shri M. Chetia, learned State Counsel for the respondent no. 2 – Deputy Commissioner, Kamrup (M).

¶2Considering the subject matter and as agreed to by the learned counsel for the parties, this writ petition is being disposed of at the admission stage itself. This Court has further been informed that the respondent no. 2 - Deputy Commissioner, Kamrup (M) has filed an affidavit-in-opposition on 05.12.2023

¶3The subject matter involves a claim for hiring of the vehicle of the petitioner by the respondent authorities. The projected case is that the vehicle of the petitioner, namely, Xylo bearing registration no. AS-01-AR-7171 was hired by the Office of the Deputy Commissioner, Kamrup (M) w.e.f., 08.07.2011 to

30.07.2014. In this regard, a bill of Rs.17,50,000/- (Rupees seventeen lakhs and fifty thousand) has been raised out of which only an amount of Rs.2,00,000/- (Rupees two lakhs) have been paid. Since the said amount was paid way back in the year 2022 and nothing more was paid, the instant writ petition has been filed. Shri Baruah, learned counsel for the petitioner submits that the aforesaid amount is legally entitled to by the petitioner and the same may be directed to be released.

¶4Shri Chetia, learned State Counsel, by referring to the affidavit-in-opposition filed on 05.12.2023 through the respondent no. 2 has however submitted that though the claim is not disputed in principle, the admissible amount has not been able to be paid because of immediate lack of funds and for non-fulfillment of certain formalities including budget and FOC from the Government.

¶5Shri Dutta, learned Standing Counsel, Revenue Department endorses the Page No.# 3/3 submissions made by the learned State Counsel.

¶6This Court has been apprised that matters of non-payment of contractual bills are covered by the decisions of Hon'ble Full Bench of this Court in the case of Tamsher Ali & Ors. Vs. State of Assam and Others, reported in 2008

(4) GLT 1.

¶7Following the aforesaid guidelines laid down in the case of Tamsher Ali (supra), the instant writ petition is disposed of by directing payment of admissible amount of the bills raised by the petitioner in accordance with the law and the aforesaid guidelines. JUDGE Comparing Assistant

Page No.# 1/3 GAHC010117062023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3140/2023 BISWAJIT BARUAH S/O- LATE MANIK BARUAH, R/O- AKASH BLOCK, FLAT NO. 201, SUBHAM HEIGHT, KAHILIPARA ROAD NEAR FORENSIC LABORATORY, KAHILIPARA, GUWAHATI-19, DIST. KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND ADMINISTRATION, DISPUR, GHY-6. 2:THE DEPUTY COMMISSIONER KAMRUP METROPOLITAN DISTRICT GHY-6. 3:SUPERINTENDENT OF NAZARAT BRANCH OFFICE OF THE DEPUTY COMMISSIONER KAMRUP(M) DISTRICT GHY-6 Advocate for the Petitioner : MR. M J BARUAH Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI