Manju Bibi v. The State of Assam and 9 Ors

ORDER Date : 07.06.2024

Heard Mr. J. I. Borbhuiya, learned counsel for the petitioner. Also heard Ms. Usha Das, learned Addl. Senior Government Advocate, Assam, appearing on behalf of all the respondents.

The petitioner by way of instituting the present writ petition, has raised a grievance with regard to non-payment of the bills so raised by her in connection with the requisition of her vehicle bearing Registration No. AS-25-J-2848(INNOVA) by the State respondents.

It is contended that the above-mentioned vehicle of the petitioner was so Page No.# 3/4 requisitioned by the respondent authorities for varying periods during the year 2017-2020 for the purpose of maintenance of law & order.

The petitioner had submitted bills for the periods when the above-noted vehicle was so requisitioned by the respondent authorities. The amount so claimed by the petitioner on account of the requisition of her said vehicle on various occasion works out to Rs. 20,89,796/-(Rupees Twenty Lakhs Eighty Nine Thousand Seven Hundred Ninety Six) only.

Ms. Das, learned Addl. Senior Government Advocate, Assam, while not disputing the factum of the vehicle of the petitioner being requisitioned by the State respondents and utilized by the respondent authorities, however, has disputed the amount so claimed by the petitioner for the purpose.

In view of the above position; the petitioner is now required to submit a representation in the matter before the Superintendent of Police, Sonitpur, with regard to the particulars of the period, the above-mentioned vehicle was so requisitioned by the respondent authorities along with the amount as claimed by her for such period, within a period of 10(ten) days from today along with a certified copy of this order and claim the amounts due to her.

The Superintendent of Police, Sonitpur, on receipt of such representation, shall examine the claim so made by the petitioner and on such examination being made with the contemporaneous records as maintained in the matter; shall determine the amount so due to the petitioner against her vehicle.

Page No.# 4/4 The amount so determined shall, thereafter, be released to the petitioner within a period of 2(two) months from the date of receipt of the representations along with a certified copy of this order.

With the above directions and observations, this writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010126192020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3607/2020o MANJUoBIBIo W/O-oMD.oANOWARoHUSSAIN,oR/O-oVILL-oSANIADI,oHAJO,oP.O.oSANIADI,o P.S.oHAJO,oDIST.-oKAMRUPo(R),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo9oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oGOVT.oOFoASSAM,oHOMEoDEPTT.,oDISPUR, GHY-6 2:THEoADDL.oCHIEFoSECY.oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPTT. oDISPUR oGHY-6 3:THEoPRINCIPALoSECY.oTOoTHEoGOVT.oOFoASSAM oSTATEoHOMEoDEPTT. oDISPUR oGHY-6 4:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oB.K.oKAKATYoROAD oULUBARI oGHY-7 5:THEoADDL.oDIRECTORoGENERALoOFoPOLICEo(ADMN.) oASSAM oB.K.oKAKOTYoROAD oULUBARI oGHY-7 Page No.# 2/4 6:THE ADDL. INSPECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GHY-7 7:THE DY. INSPECTOR GENERAL OF POLICE NORTHERN RANGE ASSAM TEZPUR 8:THE SUPERINTENDENT OF POLICE SONITPUR TEZPUR ASSAM 9:THE DISTRICT MAGISTRATE-CUM-DY. COMMISSIONER SONITPUR TEZPUR (LAW AND ORDER) DIST.- SONITPUR ASSAM 10:THE MOTOR TRANSPORT OFFICER POLICE RESERVE TEZPUR DIST.- SONITPUR ASSAM Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR