Aruna Devi Agarwalla vs. The State Of Assam And 2 Ors
Held
The Court directed the Commissioner of Police, Guwahati, to examine the bills submitted by the petitioner and verify from the records whether the truck in question was indeed hired by the respondent authorities. If the verification confirms the hiring, the Commissioner is to pass an appropriate order for the payment of hire charges. If the petitioner is found not entitled to payment, a reasoned order must be passed and communicated to the petitioner. The Court stipulated that this process should be completed within one month of receiving a certified copy of the order. If the decision is in favor of the petitioner, the Commissioner should also specify the period within which the bills will be honored. The writ petition was disposed of with these directions.
Facts
The petitioner, Aruna Devi Agarwalla, claims to be the owner of a truck (Registration No. AS-25-B-9655) which she offered to the Commissioner of Police, Guwahati, on hire from January 1, 2015. She states the agreed hiring charge was Rs. 1430 per day, excluding 5% GST, plus driver and handyman allowances. The petitioner submitted bills (Annexures 2 and 2A) for these services, but they have not been honored. The writ petition was filed due to this grievance.
Key Issues
1. Whether the Commissioner of Police, Guwahati, is obligated to examine the bills submitted by the petitioner for the hiring of her truck and pass an appropriate order for payment, considering the petitioner's claim of the truck being in service since January 1, 2015. Petitioner's contention: The petitioner argued that her truck has been in the service of the respondent authorities since January 1, 2015, and the bills submitted for hiring charges, including GST, are legitimate and should be honored. She relies on the agreement for hire and the submission of bills as evidence of the service rendered. Revenue/State's contention: The judgment does not record any specific arguments made by the respondents (State of Assam and its authorities).
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
Date : 25-11-2022
Heard Ms. S. Kataki, learned counsel for the petitioner and Mr. K. Gogoi, learned Addl. Senior Government Advocate for the respondents.
The petitioner claims to be the owner of a Truck bearing Registration No. AS-25-B-9655. It is also stated that the petitioner had offered the af
The judgment continues below.
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