Allowed

Arati Bora Choudhury v. the State of Assam and 3 Ors.

Gauhati HC6 May 2022WP(C)/2735/2022

Case brief

AI extract

What is this about?

Petitioner, a registered police contractor suffering from cancer, approached this Court for release of admitted dues totaling over Rs. 30 lakh. Court observed that part of the admitted amount could not be sanctioned due to lack of funds while the remaining portion required missing bills.

What did the court decide?

Respondents directed to pay Rs. 15,8,048/- immediately and the remaining admitted amount within six months from receipt of this order.

Arati Bora Choudhury Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010077512022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2735/2022

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ARATI BORA CHOUDHURY

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W/O- SRI PRABHAT CHOUDHURY, R/O- VILL.- ABHAYPUR, P.O. NORTH GUWAHATI, P.S. CHANGCHARI, DIST.- KAMRUP(R), PIN- 781031.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI781006. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEAD QUARTER B.K. KAKOTY ROAD ULUBARI GUWAHATI-781007. 3:THE ASSISTANT INSPECTOR GENERAL OF POLICE (ADMINISTRATION) ASSAM ASSAM POLICE HEAD QUARTER B.K. KAKOTY ROAD ULUBARI GUWAHATI-781007. 4:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON DIST.- KAMRUP(R) ASSAM PIN- 781131

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Advocate for the Petitioner : MR. M ISLAM

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Page No.# 2/4

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Advocate for the Respondent : GA, ASSAM

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BEFORE

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THE HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

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06.05.2022

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Heard Mr. M Islam, learned counsel for the petitioner.

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The petitioner who is a registered contractor under Assam Police has supplied stationary articles and also executed some small construction works. The petitioner claims an amount of Rs. 15,69,698/- against the supplied items for the year 2014, 2019 and 2021 and another amount of Rs. 15,08,048/- for the purpose of election, total amounting to Rs. 30,77,746/- is from the respondent authorities. Such amount has been admitted by the Superintendent of Police, Kamrup, Amingaon by its communication dated 28.02.2022 and accordingly requested the Assistant Inspector General of Police, (Administration) to do the needful for release of such amount. The petitioner is a cancer patient and he is a need of immediate finance.

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Pursuant to order dated 27.04.2022, the learned State counsel has produced an instruction to the following effect:

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“1) Rs. 15,08,048/- only for Additional proposals of Lok Sabha Election 2014, 2019 and Assembly Election 2018 were not sanctioned in the last financial year 2021-22 due to non availability of required fund. However, the same is being processed shortly on the basis of the availability of the budget in the Current Financial Year 2022-23.

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1. Rs. 15,69,698/-only for supply items for the year 2006, 2009, 2010, 2012, 2013,

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Page No.# 3/4

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2014, 2018, 2019 & 2020, the bills proposals have not been received from the Superintendent of Police, Kamrup to this Hqrs. till date. Further a letter has communicated to the Superintendent of Police, Kamrup, Assam vide memo No. S- VI/27/Kamrup/Misc. Bills/2022-23/28 dtd. 29.04.2022 (copy enclosed) on response of letter submitted by S.P. Kamrup dtd 28.02.2022.”

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The amount claimed by the petitioner are also admitted by the respondent authorities by way of communication dated 28.02.2022 and also by the instruction forwarded to the learned State counsel by communication dated 29.04.2022. Therefore, as agreed to by the parties and taking note of the urgent financial need of the petitioner in his treatment, this writ petition is disposed of in the motion stage itself in the following terms:

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(i) The respondent Nos. 2 and 3 are directed to pay the admitted amounting of Rs. 15,8,048/- as reflected against serial No. 1 of the communication dated 29.04.2022.

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(ii) The rest of the amount against serial No. 2 in the said communication dated 29.04.2022 be paid within a period of six months from the receipt of copy of this order, to be furnished by the petitioner before the Director General of Police, Assam.

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The communication dated 29.04.2022 addressed to the Junior Government Advocate, Assam by the Assistant Inspector General of Police (Admn.) is kept on record and marked as Document ‘X’.

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In the aforesaid term, the writ petition is disposed of.

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Page No.# 4/4

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JUDGE

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Comparing Assistant

Arati Bora Choudhury v. the State of Assam and 3 Ors.

Case brief

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Arati Bora Choudhury v. the State of Assam and 3 Ors.

Case brief

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