Abdul Matin Borlaskar vs. The State Of Assam And 2 Ors
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The petitioner, Abdul Matin Borlaskar, filed a writ petition before the Gauhati High Court seeking outstanding hiring charges amounting to Rs. 13,14,417/- for vehicles hired by the police department. The vehicles were hired for periods between 2020 and 2023. The respondent, the State of Assam and its officials, filed an affidavit-in-opposition. In their affidavit, the respondents admitted to an outstanding amount of Rs. 12,55,236/-. The petitioner had submitted 11 bills for hire charges. The respondents stated that a 20% deduction was agreed upon as a one-time settlement based on a declaration certificate signed by the petitioner, following a conference of Superintendents of Police.
Held
The Court held that the respondents had admitted to an outstanding amount of Rs. 12,55,236/- as hiring charges payable to the petitioner. The Court noted that the matter of payment of hire charges was dependent on the approval of sanction and allotment of funds from the Sanctioning Authority. However, given the admitted amount, the Court directed the respondents to clear the outstanding admitted amount of Rs. 12,55,236/- to the petitioner within a period of two months from the date of receipt of a certified copy of the Court's order. The Court did not explicitly rule on the validity of the 20% deduction in relation to the statutory provisions, but focused on the admitted liability and directed its payment. The ratio decidendi is that where a government authority admits a quantifiable liability for services rendered, the High Court, in its writ jurisdiction, can direct the payment of such admitted dues within a reasonable timeframe.
Key Issues
1. Whether the respondents are liable to pay the full outstanding hiring charges claimed by the petitioner, or the amount after a 20% deduction as per a declaration certificate, considering the provisions of the Assam Requisition and Control of Vehicle Act, 1968? Petitioner's contention: The petitioner sought the full outstanding amount of Rs. 13,14,417/-. While the judgment does not explicitly detail the petitioner's arguments regarding the 20% deduction, it is implied they are challenging it by seeking the full amount. Respondents' contention: The respondents argued that the petitioner had signed a declaration certificate agreeing to a 20% deduction on the basis of a one-time settlement for clearing pending dues. They relied on the Minutes of the Conference of the Superintendents of Police held on January 3rd & 4th, 2022, which suggested a system of negotiation for settlement of liabilities. They also referred to Section 4 of the Assam Requisition and Control of Vehicle Act, 1968, for the fixation of hiring rates.
Sections Cited
Section 4
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Cause title — parties, addresses and appearances
ORDER Date : 27.01.2025
Heard Mr. A. Deka, learned counsel for the petitioner. Also Mr. M. Chetia, learned Government Advocate appearing on behalf of all the respondents. By way of this writ petition, the petitioner is claiming for outstanding hiring charges amounting to Rs.13,14,417/- (Rupees thirteen lakh fourteen thousand four hundred and seventeen). The respondent No. 3/the Deputy Commissioner of Police (Administration), Guwahati has filed an affidavit-in-opposition and in Para- 5, it is stated as under:-
“5. That with regard to the statements made in paragraph 4 of the writ petition, the answering deponent begs to state that vehicle of the petitioner was hired for the period from 2020 to 2021 and 2023 as mentioned in paragraph 4 of the of this affidavit in opposition and released the vehicle on different dates. As per available records it is found that petitioner has submitted total 11 No's of hire charge bills and the said bills were received on different dates. In the course of scrutiny, it reveals that following steps have been taken as per record available. (A) The petitioner has signed 1(one) declaration certificate in the month of December 2022 expressing his willingness to deduct 20% charge on the basis of ONE TIME SETTLEMENT from the amount of the hire charges of each bill for clearing off all his pending dues after negotiation with the concerned
Page No.# 3/6 Departmental Officials. The petitioner further stated in the said declaration certificate that after receiving settlement amount he will not claim further in future. It is stated that the fixation of rates of hiring of the different categories of vehicles as per dime etc. is determined by the Govt. of Assam, Transport Department in exercise of power vested Under Section 4 of the Assam Requisition and Control of Vehicle Act, 1968 (Assam Act, V of 1969) and issued notification time to time on the enhance rate and other modification etc. However, the declaration certificate was accepted with due diligence considering the Minutes of the Conference of the Superintendents of Police held on 3rd & 4th January, 2022 at Duliajan, Dibrugarh under the Chairmanship of Hon'ble Chief Minister, Assam. In the said Minutes under head "E"- Administrative Matters, Serial No. 8 "Due to high pending liabilities in respect of vehicle hire charges, a system of negotiations, with the owners should be resorted to arrive at a negotiated settlement of the liability and that should be cleared up immediately. A one-time settlement for clearing off all pending dues is to be thought for consideration......to be done". In response to the Minutes of the Conference, the declaration certificates in respect of the bills submitted by the petitioner were accepted and processed after observing the required formalities. Then the bills were forwarded to the Sectioning Authority to accord required section and allotment of fund against the proposal. The bills forwarded to the Sanctioning Authority after deduction of 20% hire charges per dime are as follows:- SL. No. Vehicle No. Period Hire Charge Amount of 20% deducted Bill amount after deduction of 20% +SGST+CGST+ Driver Allowance Proposal No.
Page No.# 4/6
AS-01- BU- 3730 01.01.2020 to 30.06.2020 Rs-1,40,140/- Rs-28,028/- Rs.1,54,118.00 257- 258(RV) Dated 13.02.2024 2. -Do- 01.07.2020 to 31.12.2020 Rs.1,41,680/- Rs.28326/- Rs.1,55,812.00 TOTAL Rs-2,81,820/- Rs.56,354/- Rs.3,09,930.00
In the aforesaid 2 (two) bills, the petitioner has made gross claimed of Rs- 3,69,112/- as outstanding dues. However, after deduction of 20%, the amount stand as Rs. 3,09,930/-. Thereby, there is a difference of Rs-59,172/- from the gross claimed amount. (B) The remaining bills relating to the hire charge bills amounting to Rs. 9,45,306.00 (Rupees Nine Lakh Forty-Five Thousand Three Hundred and Six) also have been forwarded to Assam Police Hqr., Ulubari, Guwahati. The details of the bills proposal forwarded to the sanctioning authority are as follows:
PROPOSAL NO. 5179-5184 (RV) DATED 13.09.2024 AS-01-BU-3730 01.12.2023 31.12.2023 Rs. 37516.00 AS-01-EX-8177 01.01.2023 31.03.2023 Rs. 155026.00
Rs. 192542.00
Page No.# 5/6 PROPOSAL NO. 3207-3237 (RV) DATED 08.02.2024 AS-01-EX-8177 01.10.2023 30.11.2023 Rs. 124550.00 AS-01-BU-3730 01.10.2023 30.11.2023 Rs. 73822.00
Rs. 198372.00
PROPOSAL NO. 5035-5037 (RV) DATED 31.08.2024 AS-01-BU-3730 01.01.2023 31.03.2023 Rs. 90766.00 AS-01-EX-8177 01.12.2023 31.12.2023 Rs. 63296.00
Rs. 154062.00
PROPOSAL NO. 5416-5418 (RV) DATED 03.10.2024 AS-01-BU-3730 01.07.2021 31.12.2021 Rs. 185564 AS-01-BU-3730 01.01.2021 30.06.2021 Rs. 182538 AS-01-EX-8177 06.12.2021 31.12.2021 Rs. 32228
Rs. 400330.00
The matter relating to the released of hire charges claim amount always depend on the approval of sanction and allotment of required fund from the Sanctioning Authority. However, the required sanction against the above noted proposals and allotment of fund required from the Sanctioning Authority is yet
Page No.# 6/6 to be received due to which payment of the amount is pending.”
A perusal of Para- 5 of the affidavit-in-opposition would indicate that the respondents are admitting to an amount of Rs. 12,55,236/- (Rupees twelve lakh fifty five thousand two hundred and thirty six) as the outstanding hiring charges to the petitioner. Mr. M. Chetia, learned Government Advocate, submits as the amount of Rs. 12,55,236/- (Rupees twelve lakh fifty five thousand two hundred and thirty six) is already an admitted amount, the respondents be allowed some time to pay the outstanding bills to the petitioner. After consideration of the affidavit-in-opposition, particularly Para- 5 and as the respondents have already admitted to an amount of Rs. 12,55,236/- (Rupees twelve lakh fifty five thousand two hundred and thirty six) as the outstanding hiring charges to the petitioner, the respondents are directed to clear the said outstanding admitted amount of Rs. 12,55,236/- (Rupees twelve lakh fifty five thousand two hundred and thirty six) to the petitioner within a period of 2 (two) months from the date of receipt of a certified copy of this Court’s order. With the above observations and directions, this writ petition is disposed of.
JUDGE Comparing Assistant
Reproduced from the public record of the Gauhati High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.