Sri Saranga Das vs. The State Of Assam And 7 Ors
Held
The Court held that it is an admitted fact that the Petitioner's vehicles were taken on hire by the Respondent Authorities. Therefore, the Petitioner would be entitled to the amounts due upon proper verification of the claims. This verification is contingent upon the submission of the required documents: Registration Certificates, Insurance, GST (3B) Forms, Driving Licence, and Declaration Certificates. The Court noted the petitioner's submission that the necessary documents would be provided. Accordingly, the writ petition was disposed of with specific directions. The Petitioner is to submit the aforementioned documents along with a certified copy of the judgment to the Director General of Police. Upon receipt, the Respondents are directed to verify the Petitioner's entitlement and, if found eligible, pay the claimed amount or any other amount found due. This entire exercise is to be completed within six months from the date of document submission to the Director General of Police.
Facts
The petitioner, Sri Saranga Das, is the owner of several vehicles hired by the Respondent Authorities (State of Assam and its police departments) between 2022 and 2024 for emergency purposes, including law and order maintenance. After the vehicles were released, the petitioner submitted bills totaling Rs. 82,91,075/- for their hire. The petitioner claims these dues have not been released despite repeated approaches. The respondents, represented by the Additional Senior Government Advocate, stated that while the vehicles were hired, verification of the petitioner's bills was pending due to the non-submission of up-to-date Registration Certificates (RC), insurance, GST (3B) forms, Driving Licenses, and Declaration Certificates. An instruction dated 18.06.2026 from the Deputy Commissioner of Police (Crime), Guwahati, was placed on record, indicating the petitioner was informed to submit these documents.
Key Issues
1. Whether the Petitioner is entitled to payment for the hire of his vehicles, given the admitted use by the Respondent Authorities? (Question of law and fact, turning on principles of contract and unjust enrichment). 2. Whether the non-submission of specific documents (RC, insurance, GST (3B) forms, Driving License, Declaration Certificate) by the Petitioner justifies the withholding of payment by the Respondent Authorities? (Question of law and fact, turning on procedural requirements for payment). Petitioner's Arguments: The petitioner argued that the Respondent Authorities had hired his vehicles and utilized them, thus entitling him to the payment of the submitted bills totaling Rs. 82,91,075/-. He contended that the authorities had failed to release the outstanding dues without justification, leading him to approach the High Court under Article 226 of the Constitution of India. Respondent's Arguments: The Respondent Authorities, through the Additional Senior Government Advocate, submitted that while the vehicles were indeed hired, the verification of the petitioner's bills was incomplete. This was attributed to the petitioner's failure to submit crucial documents, including up-to-date RC and insurance, along with GST (3B) forms, Driving License, and Declaration Certificates. They relied on an instruction dated 18.06.2026 from the Deputy Commissioner of Police (Crime), Guwahati, which detailed these documentary requirements.
Sections Cited
Article 226
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Page No.# 1/6 GAHC010281512025
2026:GAU-AS:11602
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/333/2026 SRI SARANGA DAS S/O LATE DHANANJAY DAS, R/O FLAT NO. 3-F, KIRANMOYEE APARTMENT, BEHIND DOWN TOWN HOSPITAL, MATHURANAGAR, P.O- DISPUR, GUWAHATI-781006, ASSAM. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-6 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM STATE HOME DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR GENERAL OF POLICE ASSAM B.K KAKATY ROAD ULUBARI GUWAHATI-7 4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE ADMN ASSAM B.K KAKAOTY ROAD ULUBARI GUWAHATI-7 5:THE ADDITIONAL INSPECTOR GENERAL OF POLICE(ADMN) ASSAM
Page No.# 2/6 B.K KAKOTY ROAD ULUBARI GUWAHATI-7 6:THE COMMISSIONER OF POLICE KAMRUP(M) GUWAHATI ASSAM 7:THE DISTRICT MAGISTRATE CUM DEPUTY COMMISSIONER KAMRUP(M) (LAW AND ORDER) DISTRICT- KAMRUP(M) ASSAM 8:THE MOTOR TRANSPORT OFFICER(M.T.O) KAMRUP(M) ASSA BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUA
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