Subir Paul v. The State of Assam and 2 Ors

ORDER

08.08.2024 Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner and Mr. M. Chetia, learned counsel appearing for all the respondents.

¶2The petitioner's prayer is for payment of the hiring charges of his vehicle amounting to Rs.12,07,196/-.

¶3The affidavit-in-opposition filed by the respondent No.3 has admitted that the petitioner's vehicle had been hired by the respondent authorities and that the bills for hiring charges received from the petitioner had been forwarded to the concerned department, for necessary sanction and release of funds. Further, payment would be made on receipt of funds from the government.

¶4Para 4 of the affidavit-in-opposition of the respondent No.3 is reproduced hereinbelow as follows: "4. That with regard to the statements made in Paragraph No. 3, 4, 5 and 6 of the writ petition, the answering deponent begs to submit that the vehicle was hired by the respondent authority from the concerned Writ Petitioner for the interest of public service and for CI operation (Law and Order). Accordingly, the hiring charges bills received from the concerned Writ Petitioner had been duly forwarded to the Govt. in Home and Political Department vide No. KNZ-5/2018/Pt/14 dated 02-06-2022 for necessary sanction and release fund. On receipt of fund from Govt. payment will be made accordingly."

¶5As the claim of the petitioner for payment of the outstanding dues amounting to Rs.12,07,196/- for hiring charges of his vehicle is admitted by the respondent authorities, the respondents are directed to sanction the funds and Page No.# 3/3 allot the same for payment to the petitioner 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 GAHC010140692024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3590/2024o SUBIRoPAULo SONoOFoLT.oHARENDRAoPAUL,o RESIDENToOFoSANTINAGAR,oWARDoNO.o3,o P.O.-oKOKRAJHAR,oP.S.-oKOKRAJHAR,o DISTRICT-oKOKRAJHARo(BTAD),o ASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYo GOVERNMENToOFoASSAM,o HOMEoDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oSTATEoHOMEoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoDEPUTYoCOMMISSIONER oKOKRAJHAR oDISTRICT-oKOKRAJHAR 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