WP(C)/3731/2025 of ARUP BAISHYA Vs THE STATE OF ASSAM AND 2 ORS on 9 June 2026

GAHC010143252025

2026:GAU-AS:8280

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3731/2025 ARUP BAISHYA SON OF KHAGEN BAISHYA, RESIDENT OF HOUSE NO. 181, KAHILIPARA POWER HOUSE, GUWAHATI -

19. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, DEPARTMENT OF HOME, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI - 781006. 2:THE DIRECTOR GENERAL OF POLICE ASSAM HAVING ITS OFFICE SITUATED AT B. K. KAKOTY ROAD ULUBARI DISTRICT-KAMRUP (M) GUWAHATI - 781008. 3:THE COMMISSIONER OF POLICE HAVING ITS OFFICE SITUATED AT NERIPSTR BUILDING RESHAM NAGAR KHANAPARA ASSAM PIN - 781022 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. R. Kalita, Advocate

For the Respondent(s) : Mr. K. Gogoi, Addl. Sr. Govt. Advocate

Date on which judgment is reserved : NA

Date of pronouncement of judgment : 10.06.2026

Whether the pronouncement is of the Operative part of the judgment? : Yes

Whether the full judgment has been Pronounced? : Yes

JUDGMENT AND ORDER (ORAL)

Heard Mr. R. Kalita, the learned counsel appearing on behalf of the Petitioner. Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the State Respondents.

2. The instant writ petition is filed by the Petitioner challenging the non-payment of the admitted amount of Rs.76,89,349/- for hiring the vehicles of the Petitioner by the Respondent Authorities.

3. The case of the Petitioner herein is that the Petitioner is the owner of 7 numbers of vehicles which includes TATA Spacio, Bolero ZLX, Innova Crysta, Innova Crysta, TATA Sumu Gold, Bolero Power Plus and Bolero ZLX bearing registration Nos.AS-

01-AA-5756; AS-01-HC-1271; AS-01-DP-6463; AS-01-EM-8268; AS-01-DX-4585; AS-01-DV-2656 and AS-01-FQ-9918 respectively. The Respondent No.3 took the aforesaid vehicles on hire basis at the fixed for the period from 12.10.2015 to 25.10.2015 and released the same according. The Petitioner accordingly submitted the bill before the Respondent No.3 through the Office of the Motor Transport Officer, Police Reserve, Guwahati for making payment of an amount of Rs.76,89,349/- as hire charge. It is stated that though the Respondent No.3 had duly admitted the bill amount, however, the said amount has not been disbursed to him till date.

4. The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has been pursuing the matter diligently with the Respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.76,89,349/- due to the Petitioner for which the Petitioner is facing hardship. The learned counsel for the Petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the Petitioner. Hence, the Petitioner has approached this Court by filing the instant writ petition.

5. Mr. K. Gogoi, the learned Additional Senior Government

Advocate has placed before this Court a communication issued by the Deputy Commissioner of Police (Crime) which is kept on record and marked with the letter “X”. From a perusal of the said communication, it is seen that the Respondent Authorities have admitted their liability of an amount of Rs.73,21,151/-. The details can be seen in paragraph No.3 of the said communication which being relevant is reproduced herein under:- “3. That with regard to the statement made in paragraph – 4 of the Writ Petition, the answering deponent begs to state that petitioner has claimed Rs. 76,89,349/- only as outstanding hire charges for hiring of these vehicles. However, to ascertain the correctness of the claimed, the concerned available records are required to be checked and verified. Accordingly, the available records were verified and found as follows:

(i) The petitioner has submitted 48 No's of hire charge bills for an amount of Rs. 76,89,349/- on various dates.

(ii) As per records an amount of Rs. 17,353/- has already been paid to the petitioner against hire charge bills for the period from 12.10.2015 to 25.10.2015 in respect of vehicle No. AS-01-AA-5756. Therefore, the outstanding claimed as per record is Rs. 76,71,996/-.

(iii) Further, the petitioner has claimed Rs. 1,450/- per diem instead of Rs. 990/- in respect of Mohindra Bolero vehicles for the period from 2021 i.e. from the date of hired up to 27.08.2023 in violation of the rate fixed by the Govt. of Assam, Transport Department vide Notification No. TMV.378/2007/39 dated 06.02.2014. Therefore, an excess claimed of Rs. 460/- per diem added in these bills. However, per diem rate was corrected as per notification dated 06.02.2014 and found that petitioner has claimed excess amount of Rs. 3,50,845/- in these bills. Now, the petitioner is entitled for an amount of Rs. 73,21,151/- and not as per the claim of Rs. 76,89,349/-.

(iv) Records also revealed that after completion of necessary correction process, 47 Nos of bills amounting to Rs. 73,21,151/- have already been forwarded to the Assam Police Headquarters to accord approval of sanction. Therefore, the petitioner is entitled for an amount of Rs. 73,21,151/- and not as per the claim of Rs. 76,89,349/-. Proposals forwarded to the sanction authority are as follows: (A) Proposal No. 1798-1812 (RV) dated 06.08.2025 for 15 No's of bills amounting to Rs. 24,63,341/-. (B) Proposal No. 1813-1825 (RV) dated 06.08.2025 for 12 No's of bills amounting to Rs. 15,45,420/-. (C) Proposal No. 1852-1864 (RV) dated 18.08.2025 for 13 No's of bills amounting to Rs. 21,96,886/-. (D) Proposal No. 1971-1975 (RV) dated 27.08.2025 for 5 No's of bills amounting to Rs. 9,04,260/-. (E) Proposal No. 2229-2230 (RV) dated 07.11.2025 for 2 No's of bills amounting to Rs. 2,11,244/-. Copy of Memo No. ECP/Hire Charge/High Court/2026/523 dated 20.02.2026 received from the Deputy Commissioner of Police (Admn), Guwahati is enclosed herewith.”

6. Upon perusal of the materials on record, and more particularly, the paragraph quoted above, it would be seen that the Respondents therefore admit that the Petitioner is entitled to the amount of Rs.73,21,151/-. Accordingly, the writ petition is disposed of with the following observations and directions:-

i) The Petitioner is entitled to the amount of

Rs.73,21,151/- as admitted by the Respondents.

ii) The said amount of Rs.73,21,151/- be paid to the Petitioner after making such statutory deductions, if so required within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the Respondent No.2, i.e. the Director General of Police, Assam, Ulubari, Guwahati.

(iii) Any amount so paid during the pendency of the present writ petition towards the dues of the Petitioner shall be set off while making payment to the Petitioner.

JUDGE Comparing Assistant