Minakshi Bora v. The State of Assam and 2 Ors

ORDER

27.05.2024 Heard Mr. Z Islam, learned counsel for the petitioner. Also heard Mr. B.J. Talukdar, learned Sr. counsel for the respondents.

¶2The petitioner is in the business of supplying vehicles on hire basis. The respondent authorities requisitioned the vehicles belonging to the petitioner on hire basis on several dates. Accordingly, the writ petitioner submitted the bills before the authorities concerned and in total which amounts to Rs. 19,00,309/-. Although the bills submitted have been accepted by the authorities and have been forwarded to the higher authorities, yet the same has not been settled till date. Under such circumstances, the petitioner is aggrieved and before this Court.

¶3The respondents have filed the counter affidavit wherein they have acknowledged the claims of the writ petitioner. It is stated that the bills submitted were forwarded to the sanctioning authority and is presently pending there before the competent authority. The affidavit is filed by the Deputy Commissioner of Police (Administration), Pan Bazaar.

¶4The petitioner has filed a rejoinder affidavit reiterating her grievances.

¶5From a perusal of the pleadings available, it is seen that the claims of the writ petitioner are not disputed, the learned counsel for the petitioner submits that in the particulars mentioned in their affidavit, the respondents have not referred to the entire details in respect of the vehicles supplied by the writ petitioner to the respondents.

¶6In the rejoinder affidavit filed by the petitioner at Paragraph-6, the entire Page No.# 3/3 particulars in respect of the vehicles supplied and the amounts claimed have been mentioned, showing total amount of Rs. 19,00,309/-

¶7Since it is not disputed by the respondents that the vehicles supplied by the writ petitioner have been taken on hire by the respondent authorities, this Court is of the considered view that the writ petition can be closed at this stage directing the respondents to verify into the claims made by the writ petitioner and if the same are found to be correct then the amount claimed by the petitioner is required to be released forthwith without further delay to the writ petitioner.

¶8The respondent No. 2 will ensure that proper verification is made and upon verification, the amount found to be payable to the petitioner, the same shall be released within a period of three months from the date of receipt of a certified copy of this order.

¶9The writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010204532022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6623/2022o MINAKSHIoBORAo D/O-oHEMKANTAoBORA,o R/O-oKAHILIPARA,oPOWERoHOUSE,oDIST-oKAMRUPo(M),oGUWAHATI-19,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARY,oHOMEoDEPARTMENTo oGOVERNMENToOFoASSAM,oDISPUR,oGUWAHATI-781006 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAMo oULUBARI oGUWAHATI-781007 3:THEoCOMMISSIONER oOFoPOLICE oKAMRUPo(M) oGUWAHATI oASSAo AdvocateoforotheoPetitionerooooo:oMR.oUoSAIKIAo AdvocateoforotheoRespondento:oGA,oASSAMoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA