Bagdevi Enterprise v. The State of Assam and 3 Ors

ORDER Date : 13.06.2024

Heard Mr. T. K. Mishra, learned counsel for the petitioner and Mr. S. R. Baruah, learned Government Advocate for the respondent Nos. 2, 3 & 4. Ms. M. D. Bora, learned counsel appears for the Transport Department.

¶2The petitioner had prayed for a direction to release the pending bills pertaining to the hiring charges of his vehicles by the Commissioner of Police, Guwahati, amounting to Rs.29,12,746/-,. The petitioner's counsel submits that though the petitioner has submitted 12 bills in respect of the various vehicles for the total amount of Rs.29,12,746/-, the authorities have not paid the hiring charges to the petitioner till date.

¶3Mr. S. R. Baruah, learned Government Advocate submits that in terms of the affidavit filed by the respondent No. 4, i.e., the Deputy Commissioner, Police

(Admn), Guwahati, the records pertaining to the bills of the petitioner were verified and the claim of the petitioner was found to be in order. Further, the dues payable to the petitioner amounting to Rs.29,12,746/- has been forwarded in two proposals to the Assam Police Head Quarter, Guwahati, i.e. the sanctioning authority, to accord sanction for making payment to the petitioner. Once the fund is received from the office of the Director General of Police, Page No.# 3/3 Assam, necessary steps will be taken to disburse the same to the petitioner.

¶4On perusing the affidavit of the respondent No. 4, this Court finds that the State respondents have admitted to the fact that they owe Rs. 29,12,746/- to the petitioner, as hiring charges for his vehicles.

¶5In terms of the judgment of the Full Bench of this Court in the case of Tamsher Ali vs. State of Assam and others, reported in 2008 (4) GLT 1, the head of the Department has to verify the amount claimed.

¶6As such, the Director General of Police, Assam is directed to re-verify the claim of the petitioner, which has been admitted by the respondent No. 4. Thereafter, the funds should be made available by the respondents and the admitted amount be paid to the petitioner. The entire exercise should be concluded within a period of four months from the date of receipt of a certified copy of this order.

¶7This writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010274692023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7123/2023o BAGDEVIoENTERPRISEo AoSOLEoPROPRIETORSHIPoFIRM,oHAVINGoITSoREGISTEREDoOFFICEoATo JAYANAGAR,oTRIPURAoROAD,oBELTOLA,oGUWAHATI-781028,o REPRESENTEDoBYoITSoPROPRIETORoSANGEETAoSARMA,o40oYEARS,oW/Oo BRAJENoSARMA,oR/OoSHANTIGRAMoHOUSINGoCOMPLEX,oTRIPURAoROAD, BELTOLA,oGUWAHATI-781028 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oTRANSPORToDEPARTMENT,oDISPUR,oGUWAHATI,oPIN-781006 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oHOMEoDEPARTMENT oDISPURoGUWAHATI oPIN-781006 3:THEoDEPUTYoCOMMISSIONER/DISTRICToMAGISTRATE oKAMRUPoMETROPOLITANoDISTRICT oGUWAHATI oPIN-781001oASSAM 4:THEoCOMMISSIONERoOFoPOLICE oGUWAHATIoCITY oGUWAHATI oPIN-781008oASSAM 5:THEoCOMMISSIONERoANDoSECRETARY oGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oDISPURoGUWAHATI-781006 oDIST-KAMRUP oASSAo Page No.# 2/3 Advocate for the Petitioner : MR. T K MISRA Advocate for the Respondent : SC, TRANSPORT BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA