Judgment
Page No.# 1/8 GAHC010087602026
2026:GAU-AS:12952
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2404/2026 SRI KAKUMONI SAIKIA S/O. KHIRA KANTA SAIKIA,R/O 50, A.T. ROAD NEAR JURIYA NAMGHAR BEBEJIA, NAGAON, ASSAMPIN-782142PHN. NO. 9435944901M VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE PRINCIPAL SECRETARY, HOME POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006, KAMRUP METRO, ASSAM 2:THE COMMISSIONER OF POLICE ASSAM POLICE COMMISSIONERATENERIPSTR BUILDING KHANAPARANEAR SCIENCE MUSEUMGUWHATI-781022 3:THE DIRECTOR GENERAL OF POLICE GUWAHATI-781007 ASSAM 4:THE MOTOR TRANSPORT OFFICER POLICE RESERVE ASSAM POLICE COMMISSIONERATE ULUBARI JONAKPUR GUWHATI-781007 KAMRUPM ASSAM 5:THE DEPUTY DIRECTOR FIRE EMERGENCY SERVICESASSAM GUWHATI- 781001KAMRUPM ASSA
Page No.# 2/8 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
For the Petitioner(s) : Mr. K. Kalita, Advocate
For the Respondent(s) : Ms. U. Das, Addl. Sr. Govt. Advocate Date on which judgment is reserved : NA
Date of pronouncement of judgment : 07.09.2026
Whether the pronouncement is of the Operative part of the judgment? : Yes
Whether the full judgment has been Pronounced? : No
JUDGMENT AND ORDER (ORAL) Heard Mr. K. Kalita, the learned counsel appearing on behalf of the Petitioner. Ms. U. Das, 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.13,03,458/- for hiring the vehicles of the Petitioner by the Respondent Authorities.
3. The case of the Petitioner herein is that he is the co-owner of a vehicle bearing registration No.AS-01-FG-8421 (Toyota
Page No.# 3/8 Innova). It is the case of the petitioner that the said vehicle was hired by the Respondent Authorities on various dates during the years 2023 to 2025 for the official use of the Deputy Director, Fire and Emergency Services, Assam. It is the further case of the Petitioner that after being utilized for various periods a total outstanding bill amounting to Rs.13,03,458/- still remains unpaid. It is under such circumstances, the Petitioner has approached this Court by filing the present writ petition.
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 outstanding amount of Rs.13,03,458/- 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. Ms. U. Das, the learned Additional Senior Government Advocate has placed before this Court an affidavit-in-opposition filed by the respondent No.2. From a perusal of the said affidavit-in-opposition, it is seen that the Respondent Authorities
Page No.# 4/8 have admitted their liability of an amount of Rs.12,29,003/-. The details can be seen at Paragraphs 7 and 8 of the said affidavit-in- opposition which being relevant is reproduced herein under:- “7. That with regard to the statement made in paragraph No. 5 of the Writ Petition, the answering deponent begs to state that the petitioner has claimed an amount of Rs. 18,52,338/- (Eighteen lakhs fifty-two thousand three hundred thirty-eight) only as outstanding dues shown in the table and bills record as Annexure-D annexed with the Writ Petition. To ascertain the correctness of the claims as well as status of the claim amount, matter needs to be examined with the concerned available records. During examination of the records, it is found that petitioner has submitted 12 (twelve) numbers of Hire Charges bills showing number of days under hired along with RC, Insurance, PAN Card, GST registration certificate, Car Diary issued month wise from MT Branch, Police Reserve, Guwahati etc. in each periodical bill and the same were duly received on various dates during the period as per the statements made in the instant para. The facts revealed from the scrutiny and examination of the records that sanction and FOC has been received against 2 (two) bills amounting to Rs. 3,45,271/- and the amounts have been credited to the Bank Account of the petitioner vide Bill No. 02214 dated 24.03.2024 and 02222 dated 24.03.2024 respectively.
Moreover, the examination further reveals that petitioner has handed over ONE TIME SETTLEMENT declaration in respect of 2 (two) numbers of hire charge periodical bills for the period from
Page No.# 5/8 01.11.2022 to 31.12.2022 and 01.01.2023 to 31.03.2023 for deduction of 20% hire charge from the per diem rate fixed by the Govt. of Assam, Transport Department vide their Notifications dated 06.02.2014. Accordingly, the amounts have been deducted from the 2 (two) bills and forwarded to the Sanctioning Authority to accord approval of sanction as well as FOC. Subsequently, FOC was received and the amounts have been credited to the Bank Account of the petitioner vide Bill No. 01300 dated 18.10.2025.
The petitioner has already received an amount of Rs.
5,65,023/- against 4 (four) numbers of periodical hire charge bills.
The details of the amount received are as follows:
SL No Registration No.
Type Period Amount in Rs.
Credited to the bank account 1 AS-01-FG- 8421 Innova 01.11.2022 To 31.12.2022 88774.00 Bill No.01300 dtd.
18.10.2025 (20%) 2 -do- -do- 01.04.2023 To 30.06.2023 165540.00 Bill No.02214 dtd.
24.03.2024 3 -do- -do- 01.01.2023 to 31.03.2023
130978.00 Bill No.01300 dtd.
18.10.2025
Page No.# 6/8 (20%) 4 -do- -do- 01.07.2023 to 30.09.2023
179731.00 Bill No.02222 dtd.
24.03.2024
The remaining 8 (eight) numbers of bills have been forwarded to the Sanctioning Authority i.e. Assam Police Headquarters to accord approval of sanction against the entitle amount under following proposals: - PROPOSAL NO. 262-265 (RV) dated 15.06.2026 SL No.
Registration No.
Type Period Amount in Rs.
From To 1 AS-01-FG-8421 T. Innova 01.01.2024 31.03.2024 198649.00 2 -do- -do- 01.04.2024 30.06.2024 198649.00 3 -do- -do- 01.07.2024 30.09.2024 200832.00 4 -do- -do- 01.10.2024 31.12.2024 200832.00
Total 798962.00
PROPOSAL NO. 268-269 (RV) dated 15.06.2026 SL No.
Registration No.
Type Period Amount in Rs.
From To 5 AS-01-FG-8421 T. Innova 01.10.2023 30.11.2023 133159.00 6 -do- -do- 01.12.2023 31.12.2023 67671.00
Total 200830.00
Page No.# 7/8
PROPOSAL NO. 268-269 (RV) dated 15.06.2026 SL No.
Registration No.
Type Period Amount in Rs.
From To 7 AS-01-FG-8421 T. Innova 01.01.2025 31.03.2025 196466.00 8 -do- -do- 01.04.2025 15.04.2025 32745.00
Total 229211.00
8. That with regard to the statement made in paragraph No. 6 of the Writ Petition, the answering deponent begs to state that the statement made by the petitioner is not correct. The details of the amount received by the petitioner is already stated in forgoing paragraph 7 of the instant affidavit-in-opposition.
However, the petitioner is entitled to receive an amount of Rs.
17,94,026/- and not the amount claimed. Out of the payable amount, the amount of Rs. 5,65,023/- has already been received.
Now the petitioner is entitled to receive an amount of Rs.
12,29,003/-. The Petitioner never or ever whispered in any of the statement in the entire Writ Petition regarding handing over of declaration on One Time Settlement for deduction of 20% from 2 (two) numbers of periodical hire charge bills. However, in response to the declaration, 20% per diem hire charge have been deducted as stated above. As regard to the representation dated 06.03.2026 submitted before the Respondent No. 3 i.e. the Director General of Police, Assam, the answering deponent has no comment to offer.
Page No.# 8/8 However, the deponent has taken required steps for payment of the outstanding dues as stated herein above.” 6. 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.12,29,003/-. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The Petitioner is entitled to the amount of Rs.12,29,003/- as admitted by the Respondents.
ii) The said amount of Rs.12,29,003/- 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.3, 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 Pradip Kumar Kalita Digitally signed by Pradip Kumar Kalita Date: 2026.09.10 17:59:28 +05'30'