Ranu Shome and Anr v. The State of Assam and 8 Ors

ORDER

30.01.2023 Heard Shri AK Hussain, learned counsel for the petitioners. Also heard Shri B. Page No.# 3/4 Deuri, learned State Counsel for the respondent nos. 1, 3 to 6 as well as Shri B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 2 and Ms. MD Bora, learned Standing Counsel, Transport Department for the respondent nos. 7, 8 and 9.

¶2The projected case in the petition is that the petitioner no. 2 is the registered owner of a Mahindra Bolero Power (private vehicle), bearing Registration No. AS-02-AA-4731 which was requisitioned by the respondent no. 5 for the period from

18.09.2019 to 11.01.2021. The vehicle was requisitioned on 01.02.2021 by the respondent no. 6 and released the same on 05.04.2022. The bills were accordingly submitted for the requisitioned of the vehicle and the total bills as per the petitioner is Rs.10,26,602/-. It is the case of the petitioners that though they are running from pillar to post, the bills have not been cleared.

¶3Shri Hussain, learned counsel for the petitioners has also referred to earlier decisions passed by this Court wherein the amount involved has been directed to be released within a time period.

¶4Shri Deuri, learned State Counsel submits that affidavit-in-opposition has been filed on 16.08.2022 by the respondent no. 5. In the said affidavit-in-opposition however, it is seen that it was only because of non receipt of the budget / ceiling sanction for which the bills were not paid.

¶5At this stage, Shri Deuri, learned State Counsel submits that so far as the claim for Nagaon district is concerned, there is no dispute with the amount which is Rs.5,02,409/-. However, so far as the claim for West Karbi Anglong district is concerned, there is factual dispute regarding the quantum of the amount which according to the petitioner is Rs.5,25,552/-, as per instructions, Shri Deuri submits that the actual amount is 5,01,040/-. Accordingly, due verification is required to be made before making the payment.

¶6The respondents however have not been denied the entitlement of the Page No.# 4/4 petitioners.

¶7In view of the above stand taken in the affidavit-in-opposition dated 16.08.2022 by the respondent no. 5, the instant writ petition is disposed of by directing consideration of the case of the petitioners and on finding the amount to be due, to release the same expeditiously and in any case within a period of 3(three) months from the date of receipt of a certified copy of this order.

¶8The instant writ petition stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010112122022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oooWP(C)/4394/2022 RANUoSHOMEoANDoANR W/O-oLATEoSHIBENDRAoKUMARoSHOME oRESIDENToOFoUTTARoAMERI oP.O.oBORPANI oP.S.-oKACHUA oDISTRICT-oNAGAON oASSAM oPINo-o782450. 2:oSURAJIToSHOME S/O-oLATEoSHIBENDRAoKUMARoSHOME oRESIDENToOFoUTTARoAMERI oP.O.oBORPANI oP.S.-oKACHUA oDISTRICT-oNAGAON oASSAM oPINo-o782450. oVERSUS THEoSTATEoOFoASSAMoANDo8oORS THROUGH-oTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENTo OFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-o781006. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT DISPUR oGUWAHATI-o781006. o3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM ULUBARI oGUWAHATI-7. Page No.# 2/4 4:THE ASSISTANT INSPECTOR GENERAL OF POLICE (A) ASSAM ULUBARI GUWAHATI- 781007. 5:THE SUPERINTENDENT OF POLICE HAMREN WEST KARBI ANGLONG DISTRICT KARBI ANGLONG ASSAM PIN CODE- 782460. 6:THE SUPERINTENDENT OF POLICE NAGAON DISTRICT- NAGAON ASSAM. 7:MOTOR TRANSPORT OFFICER (MTO) OFFICE OF THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007. 8:MOTOR TRANSPORT OFFICER (MTO) POLICE RESERVE HAMREN WEST KARBI ANGLONG DISTRICT KARBI ANGLONG ASSAM. 9:MOTOR TRANSPORT OFFICER (MTO) POLICE RESERVE NAGAON DISTRICT- NAGAON ASSAM. ------------ Advocate for : MR. A K HUSSAIN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI