Tutan Saha v. The State of Assam and 10 Ors

ORDER

14.05.2024

¶1Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner and Ms. U. Das, learned Additional Senior Government Advocate, Assam for all the respondents.

¶2Having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at this stage.

¶3By filing this writ petition, the petitioner claims that an amount of Rs.60,52,116.00 is due to be paid to him on account of hiring of vehicles by the respondent authorities.

¶4The learned counsel for the petitioner submits that the same is an admitted liability and this Court in several cases have passed direction to the respondent authorities to examine such claims made by the party concerned and thereafter has directed to make the payment within a time frame. Therefore, a similar order may be passed in the instant case. In this regard, the learned counsel for the petitioner has drawn the attention of this Court to the orders passed in similar cases, which are annexed as Annexure-3 and Annexure-4 of the writ petition.

¶5Ms. U. Das, learned State Counsel submits that Full Bench of this Court in Page No.# 4/4 Tamsher Ali vs. State of Assam & Others, reported in 2008 (4) GLT 1. has laid down the criteria and guidelines for payment of the outstanding liability and therefore, the instant case is covered by the said judgment. Therefore, she submits that a similar order can be passed in the instant writ petition.

¶6Upon hearing the learned counsel for the parties and upon perusal of the material available on records, the writ petition is disposed of with a direction to the respondent nos. 6 & 9 to verify the claim made by the petitioner regarding the outstanding dues within a period of 4 (four) weeks from the date of receipt of a certified copy of this order. Upon such verification, if the claim is found to be genuine, the respondent nos.6 & 9 shall do the needful, in terms of the Full Court decision rendered in Tamsher Ali (supra) and ensure payment of the dues as expeditiously as possible.

¶7With the above observations and directions the writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010154862023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4089/2023o TUTANoSAHAo W/O-oKARTICKoSAHA,o R/O-oCHALTATALA,oKOKRAJHARoTOWN,o WARDoNO-4,o P.O-oKOKRAJHAR,o P.S-oKOKRAJHAR,o DIST-oKOKRAJHARo(BTAD),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo10oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o HOMEoDEPARTMENTo oDISPUR,oGHY-06. 2:THEoBODOLANDoTERRITORIALoAUTONOMOUSoCOUNCI oREPoBYoITSoPRINCIPALoSECRETARY oKOKRAJHAR oBODOFAoNWGWR oBTR oASSAM oPIN-783370 3:THEoADDITIONALoCHIEFoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oHOMEoDEPARTMENT oDISPUR oGUWAHATI-06 4:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENToDISPUR oGHY-06. Page No.# 2/4 5:THE DIRECTOR GENERAL OF POLICE ASSAM B.K KAKATY ROAD ULUBARI GUWHATI-07 6:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMIN) B.K KAKATY ROAD ULUBARI GUWHATI-07 7:THE ADDL. DIRECTOR GENERAL OF POLICE BTAD KOKRAJHAR ASSAM 8:THE ADDL. INSPECTOR GENERAL OF POLICE (ADMIN) ASSAM B.K KAKATY ROAD ULUBARI GUWAHATI-07 9:THE SUPERINTENDENT OF POLICE KOKRAJHAR ASSAM 10:THE DISTRICT MAGISTRATE CUM DEPUTY COMMISSIONER KOKRAJHAR (LAW AND ORDER) DIST- KOKRAJHAR ASSAM 11:THE MOTOR TRANSPORT OFFICER (MTO) DIST- KOKRAJHAR ASSA Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO