Jashim Uddin vs. The State Of Assam And 5 Ors

Held

The Court held that it is an admitted fact that the petitioner's vehicle was 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 GST Registration Certificate by the petitioner. The Court directed the petitioner to submit the GST Registration Certificate along with a certified copy of the judgment to the Director General of Police, Assam. Upon receipt, the respondents are to verify the petitioner's entitlement and, if found eligible, pay the claimed amount within six months from the date of submission of the documents. The Court did not expressly leave any issue undecided, as the path to resolution was clearly laid out.

Facts

The petitioner, Jashim Uddin, filed a writ petition before the Gauhati High Court seeking payment for the requisition of his vehicle, bearing registration No. AS-01-EW-0433, by the respondent authorities. The vehicle was requisitioned for maintaining law and order at Murajhar Police Station for 191 days, spanning from April 7, 2024, to October 14, 2024. The petitioner submitted bills totaling Rs. 3,87,944/-. An RTI application confirmed the vehicle's engagement and the forwarding of bills to the Assam Police Headquarters. However, the amount remained unpaid. The respondents stated that the delay was due to the petitioner's failure to submit his GST Registration Certificate, which was required for verification of the bills.

Key Issues

1. Whether the Petitioner is entitled to the payment of Rs. 3,87,944/- for the requisition of his vehicle, as claimed, despite the non-submission of a GST Registration Certificate? (Question of law and fact, turning on the interpretation of payment procedures and statutory requirements for service providers). Petitioner's contention: The petitioner argued that the vehicle was hired by the respondent authorities and that the total requisition compensation of Rs. 3,87,944/- remains unpaid despite repeated representations. He relied on the confirmation received via RTI that the vehicle was engaged and bills were forwarded. Respondents' contention: The respondents, represented by the learned Additional Senior Government Advocate, submitted that while the vehicles were hired, verification of the petitioner's bills revealed that the petitioner had not submitted his GST Registration Certificate. They placed on record an instruction from the Senior Superintendent of Police, Hojai, indicating that the petitioner was informed to submit this document for further verification.