Madhu Karmakar vs. The State Of Assam And 5 Ors

WP(C)/5657/2025HC GauhatiGSTCNR GAHC01021151202513 September 2026Bench: HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR6 pages
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Held

The Court directed the respondents to release the admitted contractual dues of Rs. 40,43,514/- to the petitioner within six months. It also ordered verification and deduction of a previously paid amount of Rs. 1,56,538/- if it was part of the admitted claim.

Facts

Madhu Karmakar sought payment of Rs. 40,63,108/- for hiring out two vehicles to the State of Assam and its police department for law and order duties from 2016 to 2024. The respondents admitted to hiring the vehicles and the outstanding dues but cited financial constraints for non-payment.

Key Issues

The key legal issue was whether the respondents were obligated to pay the admitted contractual dues for vehicle hiring to the petitioner, and to determine the final payable amount after considering any prior payments.

Sections Cited

None

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Page No.# 1/6 GAHC010211512025

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5657/2025 MADHU KARMAKAR SON OF LATE PARESH CH. KARMAKAR, RESIDENT OF SOUTH BAZAR ROAD, WARD NO. 6, KOKRAJHAR, P.O. KOKRAJHAR, DIST- KOKRAJHAR, BTR, ASSAM, PIN-783370. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI, PIN- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI ASSAM PIN-781006. 3:THE DISTRICT COMMISSIONER KOKRAJHAR BTR ASSAM PIN- 783370. 4:THE SUPERINTENDENT OF POLICE KOKRAJHAR KOKRAJHAR BTR ASSAM PIN- 783370. Page No.# 2/6 5:MOTOR TRANSPORT OFFICER (MTO) OFFICE OF THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI PIN- 781007. 6:MOTOR TRANSPORT OFFICER (MTO) POLICE RESERVE KOKRAJHAR BTR ASSAM Advocate for the Petitioner : MR. B J MUKHERJEE, MS R SAHA Advocate for the Respondent : GA, ASSAM, SC, FINANCE

BEFORE H

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