Petitioner claimed Rs. 4,12,953/- for hiring a vehicle by respondent for NRC works. Respondent showed unpaid bills awaiting sanction. Court directed petitioner to ensure sanction within 60 days and payment within 30 days of sanction.
Directed respondent to sanction the claim within 60 days and disburse the amount within 30 days of sanction.
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GAHC010010162020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/488/2020
MASTAFIZUR SARKAR
S/O- ABDULLAH SARKAR, R/O- VILL- SHERNAGAR, P.O AND P.SAGOMONI, DIST- DHUBRI, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS THROUGH THE SECRETARY TO THE GOVT OF ASSAM, HOME AND POLITICAL DEPTT, DISPUR, GUWAHATI- 781006
2:THE DEPUTY COMMISSIONER DHUBRI P.O- DHUBRI DIST- DHUBRI ASSAM PIN- 783301
3:THE ADDITIONAL DEPUTY COMMISSIONER AND NODAL OFFICER NRC CELL DHUBRI P.O AND DIST- DHUBRI ASSAM PIN- 783301 4:THE SUPERINTENDENT OF POLICE DHUBRI (MTO SECTION) P.O AND DIST- DHUBRI ASSAM PIN- 78330
Advocate for the Petitioner : MR A DAS
Advocate for the Respondent : GA, ASSAM
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BEFORE HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
Date : 08-03-2021
Heard Mr. A. Das, learned counsel for the petitioner. Ms. M. Bhattacharjee, learned Addl. Senior Govt. Advocate is present.
The claim of the petitioner is amounting Rs. 4,12,953/- as against the vehicle which was hired by the respondent No. 4 for the works related to National Registration of Citizen(NRC) at the rate of Rs.930/- per day. The respondent No. 4 had filed an affidavit in opposition specifying the hired charges bill for the period w.e.f. 8.8.2018 to 30.9.2018 in the name of petitioner which is reproduced hereinbelow:
“That with regard to the statements made in paragraphs 4 of the writ petition, the deponent states that the hire charges bills for the period with effect from 8.8.2018 to 30.9.2018 Rs. 66,933.
w.e.f. 1.10.2018 to 30.11.2018 Rs.75,610.00
w.e.f. 1.12.2018 to 31.1.2019 Rs 76,849.00
w.e.f. 1.2.2019 to 31.3.2019 Rs73,131.00
w.e.f. 1.4.2019 to 31.5.2019 Rs.69,610.00
w.e.f. 1.6.2019 to 11.7.2019 Rs. 50,820 have been sent to the Deputy Inspector General of Police(WR) Assam, Bongaigaon for administrative approval and sanction vide this office.
a. Memo No. E/Hire Charge/2018/7272 dtd 15.10.2018
b. Memo No. E/Hire Charge/2019/290 dtd 21.1.2019
c. Memo No. E/Hire Charge/2019/1119 dtd 27.2.2019
d. Memo No. E/Hire Charge/2019/4204 dtd 18.11.2019
e. Memo No. E/Hire Charge/2019/4106 dtd 15.12.2019”
However, it is stated in the affidavit that as the sanction against the bill amount was yet to be received accordingly whenever the sanction is accorded by the concerned authority , the payment would be made to the petitioner. In view of the same, in my considered opinion, this writ petition can be disposed of which I accordingly do thereby directing the respondent No. 1 to take necessary steps in order to make necessary sanction in
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respect of the claim of the petitioner within a period of 60(sixty) days from the date of receipt of a copy of the order alongwith the copy of the writ petition. On receipt of the sanction the bill amount shall be disbursed within a further period of 30 (thirty) days from the date of sanction.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to an order directing the respondents to sanction and disburse hired vehicle charges claimed in the writ petition.
Whether the writ petition can be disposed of with a direction for administrative sanction within a specified timeframe.
MASTAFIZUR SARKAR
THE STATE OF ASSAM AND OTHERS
PRASANTA KUMAR DEKA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
