Subir Paul v. The State of Assam and 2 Ors

ORDER

23.09.2024

¶1Heard Mr. L. Mohan, learned counsel for the petitioner as well as Ms. U. Das, learned counsel for all the respondents.

¶2The grievance of the petitioner is that he is a registered owner of vehicle bearing registration no. AS-16-AC-1184 (Winger) which was hired by the respondents between 2020 – 2021. However, the outstanding bill of the petitioner amounting to Rs.4,35,882/- has not been paid to the petitioner.

¶3Ms. U. Das, learned counsel appearing for all the respondents submits that the admitted amount payable to the petitioner is Rs.3,76,688/-, as against the claim of Rs.4,35,882/- made by the petitioner. Ms. U. Das submits that the petitioner's claimed amount is not correct as the petitioner has wrongly made a claim for Bill No.14 twice, which is reflected in Annexure-A to the affidavit-in-opposition filed by the respondent no.3.

¶4I have heard the learned counsels for the parties.

¶5The petitioner has prayed for payment of hiring charges amounting to Rs.4,35,882/-. However, the respondents have taken a stand that the petitioner has made a double claim for Rs.56,925/-, this Court can only allow the admitted claim. The petitioner would have to approach efficacious alternative forum for Page No.# 3/3 the amount that has not been admitted by the respondents, as the same would require recording of evidence. As the respondents have admitted that they are liable to pay Rs.3,76,688/- to the petitioner as hiring charges for his vehicle, the respondents are directed to pay the same within a period of 3 (three) months, from the date of receipt of a certified copy of this order.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010140682024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3574/2024o SUBIRoPAULo SONoOFoLT.oHARENDRAoPAUL,o RESIDENToOF-oSANTINAGAR,oWARDoNO.o3,o P.O.-oKOKRAJHAR,oP.S.-oKOKRAJHAR,o DISTRICT-oKOKRAJHARo(BTAD),o ASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,o GOVERNMENToOFoASSAM,o HOMEoDEPARTMENT,oDISPUR,o GUWAHATI-6. 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oSTATEoHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoDEPUTYoCOMMISSIONER oCHIRANG oDISTRICT-oCHIRANG oASSAMo AdvocateoforotheoPetitionerooooo:oMR.oJoIoBORBHUIYA,oMRoAoHOSSAIN,MR.oLoMOHAN,MRS.oKoH CHOUDHURYo AdvocateoforotheoRespondento:oGA,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA