Dismissed

Sujit Namasudra v. the State of Assam and 5 Ors.

Gauhati HC11 Feb 2024WP(C)/278/2024

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking payment of requisitioned vehicle hire charges. The respondent authorities stated the bills were sent to Police Headquarters for sanction and were pending. The court allowed the petitioner to withdraw the petition, with liberty to file afresh after impleading the Assam Police Headquarters.

What did the court decide?

Writ petition dismissed as withdrawn; liberty granted to file afresh by impleading Assam Police Headquarters.

Sujit Namasudra Vs the State of Assam and 5… — Contract and Commercial Disputes | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010009892024

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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)/278/2024

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SUJIT NAMASUDRA

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S/O- JITENDRA NAMASUDRA, RESIDENT OF RONGKUT BLOCK NO-4, DIPHU, KARBI ANGLONG, ASSAM- 782481

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM- 781006

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2:DEPUTY COMMISSIONER HOJAI SANKAR DEV NAGAR HOJAI ASSAM- 782442

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3:SUPERINTENDENT OF POLICE HOJAI SANKAR DEV NAGAR HOJAI ASSAM- 782442 4:OFFICER IN CHARGE HOJAI POLICE STATION ASSAM 782435

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5:INSPECTOR IN CHARGE TRAFFIC HOJAI POLICE STATION ASSAM

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Page No.# 2/3

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782435

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6:MECHANICAL TRANSPORT OFFICER POLICE RESERVE HOJAI ASSA

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Advocate for the Petitioner : MR P R SARMA

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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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12.02.2024

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Heard Mr. P.R. Sarma, learned counsel for the petitioner and Mr. M. Chetia, learned counsel appearing for the BTC.

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The case of the petitioners herein is that the vehicle of the petitioner was requisitioned by the respondent authorities and the petitioner has duly submitted the bill amounting to Rs.4,13,992.00. However, in spite of various representations, the said amount has not been paid to the petitioner and due to which, the instant writ petition has been filed.

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Mr. M. Chetia, learned counsel for the BTC has submitted letter No.HJI/MT/WP/3563/2023/46-48 dated 06.02.2024 issued by the Superintendent of Police, Hojai and addressed to Mr. S.R. Baruah, Junior Government Advocate, which states that the petitioner’s related vehicle bills amounting to Rs.4,13,992/-, have been sent to the Assam Police Headquarters for sanction.

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Page No.# 3/3

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Paragraph 5 of the said letter states as follows :

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“That Sir, above mentioned Writ Petition related Bills are already sent to A.P. HQR due to the High Charge Bill sanctioned from A.P. HQR. In this regard above mentioned Writ Petition related vehicle hire charge amount Rs.4,13,992.00 (Rupees Four Lakhs thirteen thousand nine hundred ninety two) only already submitted to A.P HQR for sanctioned which pending till date.”

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The letter dated 06.02.2024 issued by the Superintendent of Police, Hojai is made a part of the record and marked as Annexure-X.

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At this stage, Mr. P.R. Sarma, learned counsel for the petitioner prays that he may be allowed to withdraw the writ petition, with liberty to file afresh, by impleading the Assam Police, Headquarters, as sanction for the payment of the hiring charges has to be given by them.

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The prayer of the petitioner’s counsel is allowed.

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The writ petition is dismissed as withdrawn, with liberty to file afresh, after impleading the Assam Police Headquarters.

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JUDGE

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Comparing Assistant

Sujit Namasudra v. the State of Assam and 5 Ors.

Case brief

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Sujit Namasudra v. the State of Assam and 5 Ors.

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