Disposed

Kokrajhar Omni Tourist Vehicles Owners Association v. the State of Assam and 8 Ors.

Gauhati HC7 Jan 2024WP(C)/1664/2017

Case brief

AI extract

What is this about?

A tourist vehicle owners' association sought clearance of outstanding hire charges for vehicles used by State authorities in Assam. The Court noted part payment had been made and disposed of the writ petition directing members to submit individual claims to Respondents 3 to 9, who must verify entitlement and complete disbursement within 12 months.

What did the court decide?

Writ petition disposed of; members directed to submit individual claims before Respondents Nos. 3-9 for verification and payment within 12 months.

Kokrajhar Omni Tourist Vehicles Owners Association Vs… — Service and Employment | Gauhati HC (2024)

¶1

Page No.# 1/4

¶2

GAHC010016362017

¶3

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

¶4

Case No. : WP(C)/1664/2017

¶5

KOKRAJHAR OMNI TOURIST VEHICLES OWNERS ASSOCIATION A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT HAVING ITS REGISTRATION NO. 2655 OF 1988-89, P.O.- KOKRAJHAR, B.T.C.ASSAM, PIN- 783370, REP. BY ITS SECY., SHRI SUBRATA SEN, S/O- LT. GOPAL CH. SEN.

¶6

VERSUS

¶7

THE STATE OF ASSAM and 8 ORS. REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, TRANSPORT DEPTT., DISPUR, GHY- 6, ASSAM.

¶8

2:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM TRANSPORT DEPTT. DISPUR GHY- 6 ASSAM.

¶9

3:THE DY. COMMISSIONER KOKRAJHAR DIST.- KOKRAJHAR ASSAM.

¶10

4:THE DY. COMMISSIONER BONGAIGAON DIST.- BONGAIGAON ASSAM.

¶11

5:THE DY. COMMISSIONER CHIRANG DIST.- CHIRANG ASSAM.

¶12

Page No.# 2/4

¶13

6:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GHY- 7. 7:THE SUPERINTENDENT OF POLICE KOKRAJHAR DIST.- KOKRAJHAR ASSAM. 8:THE SUPERINTENDENT OF POLICE BONGAIGAON DIST.- BONGAIGAON ASSAM. 9:THE SUPERINTENDENT OF POLICE CHIRANG DIST.- CHIRANG ASSAM

¶14

For the Petitioner(s) : Mr. M. Sarma, Advocate

¶15

For the Respondent(s) : Mr. S. Baruah, Standing Counsel

¶16

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

¶17

ORDER

¶18

Date : 08.01.2024

¶19

The instant writ petition has been filed by an Association in the name and style of Kokrajhar Omni Tourist Vehicles Owners Association. The grievances of the Petitioner Association are that the vehicles of its members were taken on hire by the various State Authorities however upon the bills being submitted, the said bills have not been cleared by the concerned Respondent Authorities.

¶20

The record reveals that an affidavit has been filed on behalf of the Respondent No.7 by the Superintendent of Police, Kokrajhar wherein it has been

¶21

Page No.# 3/4

¶22

mentioned that a part payment of Rs.72,17,443/- have already been made to the owners of respective vehicles and all the bills were submitted to the higher authorities for making payment which are under process. The bills which are under process have also been mentioned in the said enclosure to the affidavit filed by the Respondent No.7 and these bills relates to the Kokrajhar District only. It is the opinion of this Court that if the vehicles of the members of the Petitioner Association were taken on hire, the members of the Petitioner Association would be entitled to hire charges as per the Government rates and depriving the said amount to the members of the Petitioner Association would be arbitrary and unreasonable.

¶23

This Court cannot also be unmindful of the fact that the actual entitlement of the members of the Petitioner Association has to be verified by the Respondent Authorities and without a proper verification, no amount can be directed to be paid. Under such circumstances, this Court therefore disposes of the instant writ petition directing the members of the Petitioner Association to submit their individual claims before the concerned Respondent Nos. 3 to 9 along with all the details of the bills. The said Respondents before whom the members of the Petitioner Association shall approach respectively shall verify the entitlement of the members of the Petitioner Association.

¶24

This Court cannot also be unmindful of the fact that this verification would take some time and thereupon there would also be requirement of following certain process for the purpose of disbursement of the amount, if found upon verification. This Court therefore directs the concerned Respondent Authorities to complete the entire exercise within a period of 12 months from the date, each of the members of the Petitioner Association approaches the concerned Respondent Authorities with a certified copy of this order.

¶25

Page No.# 4/4

¶26

With above observations and directions, the instant writ petition stands

¶27

disposed of.

¶28

JUDGE

¶29

Comparing Assistant

Kokrajhar Omni Tourist Vehicles Owners Association v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

Kokrajhar Omni Tourist Vehicles Owners Association v. the State of Assam and 8 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ramcharan Mali Vs the State of Assam and 3 Ors.

Smt. Manjuri Gupta Misra Vs the State of Assam and 7 Ors.

Akhilesh Kumar Chauhan Vs the Union of India and 3 Ors.

Minakshi Das Vs the State of Assam and 4 Ors.

Tapan Kumar Das Vs the State of Assam and 9 Ors.

Nabajyoti Das and 2 Ors. Vs the Union of India and 7 Ors.