Sahjahan Laskar v. The State of Assam and 5 Ors

ORDER

26.04.2024

¶1Heard Ms. R. Choudhury, learned counsel for the petitioner, who submits that the petitioner's vehicle bearing registration no. AS02Q 1462 had been hired by the District Administration, Hojai, for official use of the Hojai Police Station from 01.03.2016 to 02.05.2018. The petitioner thereafter submitted his bill amounting to Rs.8,61,654/-, out of which Rs.1,43,934/- was paid to the petitioner in the month of March, 2020. However, the balance amount of Rs.7,17,720 has not been given to the petitioner.

¶2The petitioner's counsel submits that in terms of paragraph nos.5 & 6 of the affidavit-in-opposition filed by the Superintendent of Police, Hojai District, Assam, the respondents have admitted that they are liable to pay the petitioner Rs.7,92,044/-. Accordingly, a direction may be issued for payment of the admitted amount. Page No.# 3/4

¶3Mr. S.S. Roy, learned counsel for the respondents submits that as the petitioner is to be paid the admitted amount, the same can be paid to him.

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

¶5A perusal of the pleadings show that while the petitioner has made a claim for payment of outstanding liability of Rs.7,17,720/-, the respondent no.5 has stated that Rs.7,92,044/- is payable to the petitioner.

¶6It is clear that as there is an admitted liability payable to the petitioner, the petitioner would have to be paid the dues that are payable to him. The problem arises with the amount to be paid to the petitioner, keeping in view the fact that while the petitioner has claimed payment of Rs.7,17,720/-, the respondent no.5 has stated that the petitioner is liable to be paid Rs. 7,92,044/-.

¶7Paragraph nos.5, 6 & 7 of the affidavit-in-opposition filed by the respondent no.5 is reproduced hereinbelow, as follows : "5. That with regard to paragraph 5 the deponent states that the claim of Total amount of Rs. 9,44,504.00 was made against the said vehicle and against that Rs. 1,52,460.00 has already been paid. The amount yet to be paid is Rs. 7,92,044.00 (Seven Lakhs Ninety two thousand Forty four) only.

¶6That with regard to paragraph 6 the deponent states that the bill sanctioned from Assam Police Head Quarter in this regard i.e. total Rs. 1,52,460.00 (Rupees One lakh fifty two thousand four hundred sixty) only Page No.# 4/4 has already been paid.

¶7That with regard to paragraph 7 the deponent states that Total amount yet to be paid in connection with above mentioned Writ petition relating to Hire charge for vehicle is Rs. 7,92,044.00 (Rupees Seven lakhs ninety-two thousand forty-four) only."

¶8In view of the discrepancy in the amount of payment to be paid to the petitioner, the respondent nos.5 is directed to make a re-verification of the amount payable to the petitioner and pay the re-verified amount to the petitioner within a period of 3 (three) months, from the date of receipt of a certified copy of this order.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010147342022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4909/2022o SAHJAHANoLASKARo S/O-oLATEoABDULoWAHIDoLASKAR,o VILL-oCHOUNGMAZIoPATHER,o P.O-oMOTHERTOLI,o DIST-oHOJAI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REPRESENTEDoBYoTHEoSECRETARY,oTOoTHEoGOVERNMENToOFoASSAM,o COOPERATIONoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENTo oDISPUR oGUWAHATI-6 3:THEoDIRECTORoGENERALoOFoPOLICE o oASSAMo oULUBARI oGUWAHATI-5 4:THEoDEPUTYoCOMMISSIONER oHOJAI oASSAM oPIN-782435 5:THEoSUPERINTENDENToOFoPOLICE oHOJAI oASSAM Page No.# 2/4 PIN-782435 6:THE OFFICER IN CHARGE HOJAI POLICE STATION HOJAI DIST- HOJAI ( ASSAM PIN-78243 Advocate for the Petitioner : MS. R CHOUDHURY Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA