Disposed

Subrata Sen v. the State of Assam and 2 Ors.

Gauhati HC7 Aug 2024WP(C)/2140/2024

Case brief

AI extract

What is this about?

Writ petition seeking payment of Rs.30,67,488 as hiring charges for the petitioner's vehicles hired by authorities for counter-insurgency operation and NRC duty. The respondents' affidavit admitted the claim, so the court directed sanction and release of funds within three months.

What did the court decide?

Respondents directed to sanction and release Rs.30,67,488 as vehicle hiring charges within 3 months.

Subrata Sen Vs the State of Assam and 2 Ors. — Service and Employment | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010060932024

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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)/2140/2024

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SUBRATA SEN

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SON OF LT. GOPAL CHANDRA SEN, RESIDENT OF SANTINAGAR, WARD NO.-3, P.O. KOKRAJHAR, P.S. KOKRAJHAR, DISTRICT- KOKRAJHAR (BTAD), 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 GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM STATE HOME DEPARTMENT DISPUR GUWAHATI-6

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3:THE DEPUTY COMMISSIONER KOKRAJHAR DISTRICT- KOKRAJHAR ASSA

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Advocate for the Petitioner : MR. J I BORBHUIYA, MRS. K H CHOUDHURY,MR. L MOHAN

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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 MICHAEL ZOTHANKHUMA

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ORDER

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08.08.2024

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Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner and Mr. M. Chetia, learned counsel appearing for all the respondents.

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The petitioner’s prayer is for payment of hiring charges of his vehicles amounting to Rs.30,67,488/-.

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The affidavit-in-opposition filed by the respondent No.3 on 31.05.2024 has admitted that the petitioner’s vehicles had been hired by the respondent authorities and that the bills for hiring charges received from the petitioner had been forwarded to the concerned department for necessary sanction and release of funds. Further, payment would be made on receipt of funds from the government.

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Para 3 of the affidavit-in-opposition of the respondent No.3 is reproduced hereinbelow as follows:

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“That, with regard to the statement made in paragraph 3 to 6 of the writ petition the deponent states that the vehicles were hired by the respondent authority from the concerned petitioner for the interest of public service and for Counter insurgency operation and NRC duty (Law & Order). Accordingly, the hiring charges bills had been received from the concerned writ petitioner and the same had been duly forwarded to the Government in Home & Political Department vide No. KNZ-5/2018/Pt./14 dated 02-06-2022 & No. KNZ4/2019/184 dated 26-07-2021 for necessary sanction and release of fund. On receipt of fund from the Government payment will be made accordingly.”

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Page No.# 3/3

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As the claim of the petitioner for payment of the outstanding dues amounting to Rs.30,67,488/- for hiring charges of his vehicles is admitted by the respondent authorities, the respondents are directed to sanction the funds and allot the same for payment to the petitioner within a period of 3(three) months from the date of receipt of a certified copy of this order.

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6. The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Subrata Sen v. the State of Assam and 2 Ors.

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Subrata Sen v. the State of Assam and 2 Ors.

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