Disposed

Tutan Saha v. the State of Assam and 10 Ors.

Gauhati HC13 May 2024WP(C)/4089/2023

Case brief

AI extract

What is this about?

Writ petition seeking payment of dues for vehicles hired by State authorities. Court directed respondents 6 and 9 to verify the claim within four weeks and, if genuine, pay in terms of the Full Bench decision in Tamsher Ali. Petition disposed.

What did the court decide?

Direction to respondent nos. 6 & 9 to verify the vehicle-hiring dues claim within 4 weeks and pay if found genuine, per Tamsher Ali.

Tutan Saha Vs the State of Assam and 10 Ors. — Contract and Commercial Disputes | Gauhati HC (2024)

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Page No.# 1/4

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GAHC010154862023

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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)/4089/2023

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TUTAN SAHA W/O- KARTICK SAHA, R/O- CHALTATALA, KOKRAJHAR TOWN, WARD NO-4, 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

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT DISPUR, GHY-06.

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2:THE BODOLAND TERRITORIAL AUTONOMOUS COUNCI REP BY ITS PRINCIPAL SECRETARY KOKRAJHAR BODOFA NWGWR BTR ASSAM PIN-783370

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3:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-06

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4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GHY-06.

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5:THE DIRECTOR GENERAL OF POLICE ASSAM B.K KAKATY ROAD ULUBARI GUWHATI-07 6:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMIN) B.K KAKATY ROAD ULUBARI GUWHATI-07 7:THE ADDL. DIRECTOR GENERAL OF POLICE BTAD KOKRAJHAR ASSAM 8:THE ADDL. INSPECTOR GENERAL OF POLICE (ADMIN) ASSAM B.K KAKATY ROAD ULUBARI GUWAHATI-07 9:THE SUPERINTENDENT OF POLICE KOKRAJHAR ASSAM 10:THE DISTRICT MAGISTRATE CUM DEPUTY COMMISSIONER KOKRAJHAR (LAW AND ORDER) DIST- KOKRAJHAR ASSAM 11:THE MOTOR TRANSPORT OFFICER (MTO) DIST- KOKRAJHAR ASSA

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Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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14.05.2024

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1 . Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner and Ms. U. Das, learned Additional Senior Government Advocate, Assam for all the respondents.

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2 . Having regard to the nature of the case projected by the petitioner, the writ petition is taken up for disposal at this stage.

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3 . By filing this writ petition, the petitioner claims that an amount of Rs.60,52,116.00 is due to be paid to him on account of hiring of vehicles by the respondent authorities.

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4 . The learned counsel for the petitioner submits that the same is an admitted liability and this Court in several cases have passed direction to the respondent authorities to examine such claims made by the party concerned and thereafter has directed to make the payment within a time frame. Therefore, a similar order may be passed in the instant case. In this regard, the learned counsel for the petitioner has drawn the attention of this Court to the orders passed in similar cases, which are annexed as Annexure-3 and Annexure4 of the writ petition.

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5 . Ms. U. Das, learned State Counsel submits that Full Bench of this Court in

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Tamsher Ali vs. State of Assam & Others , reported in 2008 (4) GLT 1 . has laid down the criteria and guidelines for payment of the outstanding liability and therefore, the instant case is covered by the said judgment. Therefore, she submits that a similar order can be passed in the instant writ petition.

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6 . Upon hearing the learned counsel for the parties and upon perusal of the material available on records, the writ petition is disposed of with a direction to the respondent nos. 6 & 9 to verify the claim made by the petitioner regarding the outstanding dues within a period of 4 (four) weeks from the date of receipt of a certified copy of this order. Upon such verification, if the claim is found to be genuine, the respondent nos.6 & 9 shall do the needful, in terms of the Full Court decision rendered in Tamsher Ali (supra) and ensure payment of the dues as expeditiously as possible.

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7 . With the above observations and directions the writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Tutan Saha v. the State of Assam and 10 Ors.

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Tutan Saha v. the State of Assam and 10 Ors.

Case brief

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