M/S Pashupati Traders v. The State of Assam and 5 Ors

ORDER

07.11.2024

¶1No one appears for the petitioner on call, while Mr. U. Das, learned counsel appears for all the respondents.

¶2The present writ petition has been filed by the petitioner, praying for a direction to be issued to the respondents, for paying the vehicle hire charges amounting to Rs.6,76,768/-. The petitioner's grievance is that despite the Commissioner of Police, Kamrup(M) having hired the petitioner's vehicle, i.e. Mahindra Thar, bearing registration no. AS 01 DH 5262, the vehicle hire charges Page No.# 3/4 have not been paid till date.

¶3Ms. U. Das, leaned counsel has submitted letter no. V/HC-104/W.P(C) No.4727-24/2024/1700 dated 27.09.2024, issued by the Deputy Commissioner of Police (Crime), Guwahati, which is addressed to Mr. K. Gogoi, the Additional Senior Government Advocate, Gauhati High Court, Guwahati, which admits the fact that the petitioner's three vehicle hire charge bills have been verified with the records available and found that the petitioner's claim for Rs.6,76,768/- to be in order. The letter dated 27.09.2024 further states that the bills of the petitioner were accordingly forwarded to the sanctioning authority, for allotment of the fund for payment to the petitioner. However, the request for sanction and allotment of the fund from the sanctioning authority was still pending before the sanctioning authority.

¶4On considering the letter dated 27.09.2024 issued by the Deputy Commissioner of Police (Crime), Guwahati, it is clear that the respondents have admitted that they owe the petitioner the outstanding vehicle hire charges of Rs.6,76,768/- and that the amount would be paid to the petitioner when sanction is accorded by the sanctioning authority.

¶5In view of the above fact, the respondents are directed to ensure that the fund is made available for payment of the outstanding amount to the petitioner. The sanctioning authority shall also sanction the said amount for payment to the petitioner. The entire process should be completed within a period of 4 (four) months from the date of receipt of a certified copy of this order. Page No.# 4/4

¶6The letter dated 27.09.2024 is made a part of the record and marked as Annexure-X.

¶7The writ petition is accordingly allowed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010189952024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4727/2024o M/SoPASHUPATIoTRADERSo AoPROPRIETORSHIPoFIRMoHAVINGoITSoREGISTEREDoOFFICEoAToHOUSEo NO.o43,oSURAJoNAGAR,oG.S.oROAD,oSIXMILE,oKAMRUPoMETROPOLITAM,o GUWAHATI-781022,oASSAM,oREPRESENTEDoBYoITSoPROPRIETORoUTPALo KUMARoGAYON,oSONoOFoSRIoKHARGESWARoGAYON,oR/O-oSYNERGYo PARADISE,oBLOCKo-1,oB2,oBIDYAMANDIRoPATH,oBHETAPARA,oGUWAHATI- 781028,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oHOMEoANDoPOITICALoDEPARTMENT,oDISPUR,oGUWAHATI-781006,o DIST-oKAMRUP,oASSAM 2:THEoCOMMISSIONERoOFoPOLICE oPANBAZAR oGUWAHATI-781001 oDIST.oKAMRUP(M) oASSAM 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAMoPOLICEoHEADQUARTERS oULUBARI oGHY-781007 oDIST.oKAMRUP(M) oASSAM 4:THEoMOTORoTRANSPORToOFFICER oPOLICEoRESERVE Page No.# 2/4 BIRUBARI GUWAHATI-781016 DIST. KAMRUP(M) ASSAM 5:THE DEPUTY COMMISSIONER KAMRUP METROPOLITAN DISTRICT GUWAHATI PIN- 781001 ASSAM 6:THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006 DIST. KAMRUP ASSA Advocate for the Petitioner : MR. T K MISRA, MR. P K MUNIR,DIPTI CHAKRAVARTY,MR. A. GAYAN Advocate for the Respondent : GA, ASSAM, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA