Disposed

Rupa Paul v. the State of Assam and 10 Ors.

Gauhati HC16 Nov 2022WP(C)/894/2021

Case brief

AI extract

What is this about?

A writ petition was filed regarding unpaid hiring charges for the petitioner's vehicles. The court directed specific respondents to verify the claim, determine liability between the State and the Autonomous Council if any, and complete the process within three months.

What did the court decide?

Verification of hiring charges directed; if owing amount exists, Government of Assam to pay; entire exercise to conclude within 3 months.

Rupa Paul Vs the State of Assam and 10 Ors. — Maintenance and Alimony | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010023282021

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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)/894/2021

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RUPA PAUL W/O SUBIR PAUL, R/O SANTINAGAR, WARD NO. 3, P.O. KOKRAJHAR, P.S. KOKRAJHAR, DIST. KOKRAJHAR (BTAD), ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 10 ORS REPRESENTED BY THE COMMISSIONER AND SECY. GOVT. OF ASSAM, HOME DEPTT., DISPUR, GUWAHATI 6 2:THE BOROLAND TERRITORIAL AUTONOMOUS COUNCIL REPRESENTED BY THE PRINCIPAL SECY. BTAD KOKRAJHAR ASSAM. 3:THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM HOME DEPTT. DISPUR GUWAHATI 6 4:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM STATE HOME DEPTT. DISPUR GUWAHATI 6 5:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI 7 6:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI-7 7:THE ADDITIONAL DIRECTOR GENERAL OF POLICE BTAD

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Page No.# 2/4

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KOKRAJHAR ASSAM. 8:THE ADDL. INSPECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI 7 9:THE SUPERINTENDENT OF POLICE KOKRAJHAR ASSAM 10:THE DIST. MAGISTRATE CUM DEPUTY COMMISSIONER KOKRAJHAR (LAW AND ORDER) DIST. KOKRAJHAR ASSAM. 11:THE MOTOR TRANSPORT OFFICER (M.T.O.) KOKRAJHAR ASSAM

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Advocate for the Petitioner : MR. J I BORBHUIYA

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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16.11.2022

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Heard Mr. L. Mohan, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned counsel for the respondent nos. 1, 3, 4 to 11 and Ms. R.B. Bora, learned counsel for the respondent no.2.

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The petitioner is aggrieved due to the hiring charges of the vehicles of the petitioner, amounting to Rs.60,63,124/-, not being paid by the State respondents.

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Page No.# 3/4

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The affidavit-in-opposition filed by the respondent no.2 states that the matter pertains to the Home Department of the Government of Assam, which is not a “transfer subject” to the Bodoland Territorial Autonomous Council. As such, any payment due to the petitioner against hiring of the petitioner’s vehicles rest on the responsibility of the Government of Assam.

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Mr. N. Goswami and Ms. R.B. Bora submit that though the petitioner’s vehicles were hired by the Superintendent of Police, Kokrajhar and the Deputy Commissioner, Kokrajhar on various occasions, the payment of the hiring charges can be made only after verification of the Bills submitted by the petitioners. The respondents’ counsels submit that the payment of the hiring charges, if any, would have to be paid by the Government of Assam.

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I have heard the learned counsels for the parties.

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As the matter pertains to verification of the hiring charges of the petitioner’s vehicles, the respondent nos.9 & 10 shall verify the claim of the petitioner that he is owed an amount of Rs.60,63,124/-. In the event, the respondent nos.3 & 4 come to a finding that the petitioner is owed money for hiring charges, they shall submit their report, which shall thereafter be sent for approval of the competent authority and the admitted amount should be paid to the petitioner by the Government of Assam. The entire exercise should be concluded within a period of 3 (three) months from the date of receipt of a certified copy of this order.

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Page No.# 4/4

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Rupa Paul v. the State of Assam and 10 Ors.

Case brief

What is this about?

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Rupa Paul v. the State of Assam and 10 Ors.

Case brief

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