Murtaza Saiduz Jaman v. The State of Assam and 7 Ors

ORDER

12.02.2024

¶1Heard Mr. A.K. Hussain, learned counsel for the petitioner and Mr. M. Chetia, learned counsel appearing for all the respondents except respondent no.2, who is represented by Ms. H. Barua, learned counsel appearing on behalf of Mr. A. Chaliha, learned counsel.

¶2The petitioner's case is that he has not been paid the hiring charges of his vehicle bearing registration no.AS-09E-6253 (Tata Sumo) by the office of the respondent no.6, who hired the same during the period from 10.08.2020 to August 2023.

¶3Mr. M. Chetia, learned counsel for the respondents has submitted letter No.HJI/MT/WP/3563/2023/551-53 dated 23.11.2023 issued by the Page No.# 3/3 Superintendent of Police, Hojai and addressed to Mr. G. Bokalial, Junior Government Advocate, which states that the related vehicle bills amounting to Rs.10,28,310/- of the petitioner have been sent to the Assam Police, Headquarters for sanction.

¶4Paragraph 5 of the said letter states as follows : "That Sir, Hire charge Bills sanctioned from A.P. HQR and all the Bill vouchers are already sent to A.P. HQR with 15% Negotiation for the period from 08.08.2020 @ AM to 30.04.2022 @ PM. and others are submitted without Negotiation."

The letter dated 23.11.2023 issued by the Superintendent of Police, Hojai is made a part of the record and marked as Annexure-X.

¶5In view of the admission by the respondents with regard to the hiring charges made by the petitioner, the respondents especially the respondent nos.4 & 5, are directed to pay the admitted amount to the petitioner, within a period for 3 (three) months from the date of receipt of a certified copy of this order.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010228492023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6065/2023o MURTAZAoSAIDUZoJAMANo S/OoFAIZULoHOQUE,oR/OoVILLoANDoP.O.-BORMONIPUR,oDIST-MORIGAON,o ASSAM,oPINoCODE-782142 VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo THROUGHoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM,oHOMEoDEPARTMENT,oDISPUR,oGUWAHATI-781006 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-781006 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-7 4:THEoASSISTANToINSPECTORoGENERALoOFoPOLICEo(A) oASSAM oULUBARI oGUWAHATI-781007 5:THEoDISTRICToCOMMISSIONER oSANKARDEVoNAGAR oHOJAI oDIST-HOJAI oASSAM 6:THEoSUPERINTENDENToOFoPOLICE oSANKARDEVoNAGAR oHOJAI Page No.# 2/3 DIST-HOJAI ASSAM PIN CODE-782442 7:MOTOR TRANSPORT OFFICER (MTO) OFFICE OF THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007 8:MOTOR TRANSPORT OFFICER (MTO) POLICE RESERVE HOJAI SANKARDEV NAGAR DIST- HOJAI ASSAM PIN CODE-78244 Advocate for the Petitioner : MR. A K HUSSAIN Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA