WP(C)/6548/2025 of MD ANOWAR HUSSAIN Vs THE STATE OF ASSAM AND 6 ORS. on 5 May 2026

GAHC010250592025

2026:GAU-AS:6212

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6548/2025 MD ANOWAR HUSSAIN SON OF LATE JABBAR ALI, R/O VILL- SANIADI, HAJO, P.O. SANIADI, P.S. HAJO DIST. KAMRUP (RURAL), ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM, HOME DEPARTMENT,DISPUR, GUWAHATI-6. 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI-7. 4:THE ADDITIOAL DIRECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI-7

5:THE DISTRICT MAGISTRATE-CUM- DEPUTY COMMISSIONER KAMRUP AMINGAON (LAW AND ORDER) DIST. KAMRUP ASSAM 6:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON ASSAM 7:THE MOTOR TRANSPORT OFFICER KAMRUP ASSA BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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

Date on which judgment is reserved : NA

Date of pronouncement of judgment : 06.05.2026

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

Whether the full judgment has been Pronounced? : Yes JUDGMENT AND ORDER (ORAL) Heard Mr. J. I. Borbhuiya, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned counsel appearing on behalf of the State Respondents.

2. The case of the Petitioner herein is that the Petitioner is a registered owner of vehicles bearing registration No.AS-01-HC- 6697 (Bus), AS-01-HC-6500 (Bus), AS-25-CC-5020 (Bolero), AS-01- H-6697 (Bus), AS-25-H-8030 (Scorpio), AS-01-DC-4693 (Truck) and AS-25-J-0001 (Innova) respectively which were hired by the Respondents on different dates in the year 2023-2025 for the purpose of maintaining law and order situation in Kamrup District and also released on different dates after utilizing the same for different periods of days. The Petitioner submitted his bills after release of his vehicles amounting to Rs.58,57,571/-. However, the said amount has not been disbursed to the Petitioner till date.

3. 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.58,57,571/- 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.

4. Mr. K. Gogoi, the learned counsel appearing on behalf of the Respondents has placed before this Court an affidavit-in-opposition filed by the respondent No.6. From a perusal of the said affidavit- in-opposition, it is seen that the Respondent Authorities have admitted their liability of an amount of Rs.58,57,571/-. The details can be seen in paragraph Nos.4 & 5 of the said affidavit-in- opposition which being relevant is reproduced herein under:- “4. That with regard to the statements made in paragraph-4 of the writ petition the deponent begs to state that the vehicles were hired for different periods for emergency situation, i.e. maintaining law & order situation etc. in Kamrup District as follows: SL. No. Registration nos. of vehicle Type of vehicle From To Total days Amount payable (Rs)

AS-01-HC-6679 BUS 01-08-23 31-03-24

6,43,574

AS-01-HC-6500 BUS 01-08-23 31-03-24

6,43,574

AS-01-HC-6500 BUS 01-04-24 31-07-24

3,21,787

AS-25-CC-5020 BOLERO 01-08-23 31-03-24

4,98,199

AS-25-CC-5020 BOLERO 01-04-24 31-07-24

2,49,100

AS-25-CC-5020 BOLERO 01-08-24 31-03-25

4,96,157

AS-01-HC-6697 BUS 01-04-24 31-07-24

3,21,787

AS-01-HC-6697 BUS 01-08-24 31-03-25

6,40,937

AS-25-H-8030 SCORPIO 01-12-23 31-12-23

67,671

AS-25-H-8030 SCORPIO 01-01-24 31-03-24

2,20,488

AS-25-H-8030 SCORPIO 01-04-24 31-07-24

2,95,600

AS-25-H-8030 SCORPIO 01-08-24 31-03-25

5,30,457

AS-01-DC-4693 TRUCK 01-12-23 31-12-23

63,296

AS-01-DC-4693 TRUCK 01-01-24 31-03-24

1,85,804

AS-01-DC-4693 TRUCK 01-04-24 31-07-24

2,49,100

AS-25-J-0001 INNOVA 01-12-23 31-12-23

67,671

AS-25-J-0001 INNOVA 01-01-24 31-03-24

1,98,648

AS-25-J-0001 INNOVA 01-04-24 16-06-24

1,63,721

Total 58,57,571 The Deponent begs to state that total bill amount of the Petitioner is Rs.58,57,571/- (Rupees Fifty Eight Lakh Fifty Seven Thousand Five Hundred Seventy One) only.

5. That with regards to the statements made in paragraph No. 5 of the writ petition, the deponent begs to state that the proposal of total bill amount Rs.58,57,571/- (Rupees Fifty Eight Lakh Fifty Seven Thousand Five Hundred Seventy One) only has been already submitted to Assam Police Headquarter vide office Memo No. KMP/MT/Hire-Veh/2026/728 dated 28-01-2026 for sanctioning fund, however, no fund has been received from Assam Police Headquarter to pay the petitioner. The Deponent further begs to state that as soon as funds are received, the bill amount shall be paid to the petitioner without doing any delay. A copy of the letter dated 28-01-2026 is annexed herewith and marked as ANNEXURE-A.”

5. Upon perusal of the materials on record, and more particularly the paragraphs quoted above, it would be seen that the Respondents therefore admit that the petitioner is entitled to the amount of Rs.58,57,571/-. Accordingly, the writ petition is disposed of with the following observations and directions:-

i) The petitioner is entitled to the amount of Rs.58,57,571/- as admitted by the Respondents.

ii) The said amount of Rs.58,57,571/- be paid to the petitioner within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.3, i.e. the Director General of Police, Assam, Ulubari, Guwahati.

JUDGE Comparing Assistant Pradip Kumar Kalita Digitally signed by Pradip Kumar Kalita Date: 2026.05.08 15:25:15 +05'30'