Rajesh Kumar v. The State of Assam and 4 Ors

ORDER 05-02-2024 Heard Mr. H. Gupta, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned State Counsel. Aggrieved by non-payment of outstanding dues for hiring the petitioner's vehicles bearing Registration Nos.AS-13/B-0734 and AS-01-AH-0887 by the Assam Police, the petitioner has filed the present writ petition. The petitioner has relied upon the order dated 30.03.2022 passed by the State Chief Information Commissioner, for payment of his bills amounting to Rs.12,90,549/-, which was allegedly sanctioned way back in 2013. The respondent no. 3 has submitted an affidavit wherein the letter dated

18.06.2022 issued by the Deputy Commissioner of Police (Admn), Guwahati has been annexed. The same shows that the respondents have admitted that Rs.5,26,300/- is payable to the petitioner. I have heard the learned counsel for the parties. In view of the admission made by the respondents to the effect that the petitioner is liable to be paid Rs.5,26,300/-, the respondents are directed to pay the Page No.# 3/3 said admitted amount within a period of 2 (two) months from the date of receipt of the certified copy of this order. In respect of the remaining bills in respect of the vehicle bearing Registration No. AS-13/B-0734, the respondent no. 3 shall verify the claim of the petitioner, keeping in view the order dated 30.03.2022 passed by the State Chief Information Commissioner, Assam. Thereafter, any admitted amount found pending against the petitioner should be paid to the petitioner. The said exercise should be concluded by the respondent no. 3 within a period of 4 (four) months from the date of receipt of the certified copy of this order. In the event, the petitioner is aggrieved by the order passed by the respondent no. 3, he may approach any other appropriate forum for redressal of his grievance, but not this forum. Writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010165852022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5946/2022o RAJESHoKUMARo S/O-oDHIANoCHAND,o R/O-oVILLoHOUSEoNIo8oTAPYAL,o P.OoANDoTEHSILo-oGHAGWAL,o P.S-oJATWAL,o DIST-oSAMBA,oJAMMUoANDoKASHMIR-184141 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARY,oTOoTHEoGOVERNMENTo OFoASSAM,oHOMEoDEPARTMENT,oDISPUR,oGUWAHATI-781006 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oASSAMoPOLICEoHEADoQUARTERo oULUBARI oGUWAHATI-781007 3:THEoDEPUTYoCOMMISSIONER oOFoPOLICEo(A) oGUWAHATI oASSAMoPOLICEoCOMMISSIONERATEo oO/OoTHEoASSAMoPOLICEoHEADoQUARTERo oULUBARI oGUWAHATI oASSAM 4:THEoASSISTANToINSPECTORoGENERALoOFoPOLICEo(A) oASSAMo Page No.# 2/3 ULUBARI GUWAHATI -07 ASSAM 5:THE SENIOR SUPERINTENDENT OF POLICE GUWAHATI O/O THE ASSAM POLICE HEAD QUARTER ULUBARI GUWAHATI ASSA Advocate for the Petitioner : MR H GUPTA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA