Disposed

Chiri Self Help Group v. the State of Assam and 2 Ors.

Gauhati HC7 Mar 2022WP(C)/451/2022

Case brief

AI extract

What is this about?

Disposes writ petition by directing respondent authorities to verify seven bills for hire charges of a Tata Winger and disburse the amount found due within three months if the claim is valid.

What did the court decide?

Direction to respondent authorities to verify seven hire charge bills and disburse the amount found due, if any, within three months from the date of the order.

Chiri Self Help Group Vs the State of Assam… — Contract and Commercial Disputes | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010012382022

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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)/451/2022

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CHIRI SELF HELP GROUP

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REPRESENTED BY ITS SECRETARY, MRS. AMOLA SINGHA, AGED ABOUT 52 YEARS, W/O MR. BADADHAN SINGHA, RESIDENT OF JOYPUR PART II, PS LAKHIPUR, DIST CACHAR, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 2 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR GUWAHATI 06

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2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI

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GUWAHATI KAMRUP M ASSAM

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3:THE COMMISSIONER OF POLICE

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KAMRUP (M) GUWAHATI ASSA

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Advocate for the Petitioner : MR. S BORTHAKUR

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Advocate for the Respondent : GA, ASSAM

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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Date : 07-03-2022

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Heard Mr. S. Borthakur, learned counsel for the petitioner and Mr. B. Deuri, learned Junior Government Advocate, Assam for the respondent Nos. 1,2 & 3.

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The case of the petitioner, in brief, is that the petitioner, a Self Help Group consisting of 10 women members, purchased a vehicle [Tata Winger] bearing registration No. AS-11-BC-2959 [ ‘the subject-vehicle’, for short] after taking financial assistance under the CM’s Special Employment Generation Scheme. The subject-vehicle was thereafter, placed under the respondent No. 3 on and from 01.01.2018 to operate it on hire basis. The respondent No. 3 had used the subject-vehicle during the period from 01.01.2018 to 21.08.2021.

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According to the petitioner, a hire charge of Rs. 1375/- per day was fixed for the subject-vehicle and in addition, amounts of Rs. 200/- and Rs. 150/- were to be paid to the driver and the handyman respectively towards daily allowances.

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After release of the subject-vehicle by the respondent No. 3, the petitioner submitted bills in respect of the hire charges for the subject-vehicle before the respondent No. 3 claiming an amount of Rs. 22,90,619/- by taking Rs.1,375/- per day as hire charge. The bills were duly received by the office of the respondent No. 3. When the said amount was not released in favour of the petitioner, the petitioner submitted two representations, on 03.11.2021 and 12.12.2021, before the respondent authorities seeking release of the said amount of Rs. 22,90,619/- for the hire charges against the subject-vehicle, which the petitioner has claimed to be the total dues.

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Mr. B. Deuri, learned Junior Government Advocate, Assam has submitted that he has received a communication bearing No.V/HC-09/WP(C) No. 451 of 2022/22/421 dated 23.02.2022 from the respondent no. 3 addressed to him. A copy of the same has been placed before the Court for perusal. He has submitted that the matter of payment of the petitioner against the bill submitted is under process.

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On perusal of the said communication dated 23.02.2022, it has transpired that the respondent No. 3 has verified the hire charges bills, 7 in nos., submitted by the petitioner against the subject-vehicle. After such verification, 6 nos. of bills have already been forwarded to the sanctioning authority i.e. the respondent No. 2 for according sanction. One of the remaining bills is in the process of verification and the same would be submitted to the sanctioning authority for approval and sanction at the earliest. It has been stated therein that the amounts against the bills would be paid to the petitioner after the sanctioning authority accords its sanction for the fund required for each of the hire charges bills.

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Mr. Deuri, learned Junior Government Advocate has submitted that this writ petition can be disposed at the admission stage itself with a direction to the respondent authorities, more particularly, the respondent No. 2 to consider and verify the claim made by the petitioner in respect of the hire charges of the subject-vehicle and after such consideration and verification, to release the amount found entitled to the petitioner in respect of the subject-vehicle within a reasonable time period.

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Having regard to the submissions made by Mr. Deuri, on the basis of the communication dated 23.02.2022, this Court is of the considered view that instead of keeping the writ petition pending, the same can be disposed of with a direction to the respondent authorities to consider and verify the claim

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Page No.# 3/3

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of the petitioner for the amount of Rs. 22,90,619/- against the 7 [seven] nos. of bills stated to have been submitted by the petitioner towards the hire charges of the subject-vehicle. It is accordingly directed. The respondent authorities shall consider and verify the bills of the petitioner submitted towards the hire charges of the subject-vehicle and if after such consideration and verification, if the amount of Rs. 22,90,619/- or any other amount, is found entitled to the petitioner, the respondent authorities shall take the necessary steps to disburse the amount to the petitioner as expeditiously as possible, preferably within a period of 3 months from the date of receipt of the certified copy of this order from the petitioner.

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With the aforesaid observation and direction, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Chiri Self Help Group v. the State of Assam and 2 Ors.

Case brief

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Chiri Self Help Group v. the State of Assam and 2 Ors.

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