Disposed

Manju Bibi v. the State of Assam and 8 Ors.

Gauhati HC2 Jan 2024WP(C)/513/2021

Case brief

AI extract

What is this about?

Petitioner sought payment of Rs.12,30,150 raised as bills for three vehicles hired to state authorities for public service and law and order. The respondents admitted the liability in an affidavit-in-opposition. The court disposed of the writ petition by directing authorities to process release of contractual bills following Tamsher Ali.

What did the court decide?

Respondents directed to take up release of contractual bills per Tamsher Ali prescription.

Manju Bibi Vs the State of Assam and 8 Ors. — Service and Employment | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010006172021

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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)/513/2021

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MANJU BIBI W/O MD. ANOWAR HUSSAIN, R/O VILL. SANIADI, HAJO, P.O. SANIADI, P.S. HAJO, DIST. KAMRUP (RURAL), ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECY. GOVT. OF ASSAM, HOME DEPTT., DISPUR, GUWAHATI 6

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2:THE ADDITIONAL CHIEF SECY. TO THE GOVT. OF ASSAM

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HOME DEPTT. DISPUR GUWAHATI 6 3:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM STATE HOME DEPTT. DISPUR GUWAHATI-6 4:THE DIRECTOR GENERAL OF POLICE

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ASSAM. B.K. KAKATY ROAD ULUBARI GUWAHATI 7 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI 7 6:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMN) ASSAM

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Page No.# 2/3

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B.K. KAKOTY ROAD ULUBARI GUWAHATI-7 7:THE SUPERINTENDENT OF POLICE KAMRUP (R) AMINGAON ASSAM.

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8:THE DIST. MAGISTRATE CUM DEPUTY COMMISSIONER

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KAMRUP (R) AMINGAON (LAW AND ORDER) DIST. KAMRUP (R) ASSAM.

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9:THE MOTOR TRANSPORT OFFICER

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KAMRUP (R) ASSAM

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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 SANJAY KUMAR MEDHI

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ORDER

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03.01.2024

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Heard Shri L. Mohan, learned counsel for the petitioner. Also heard Shri M. Chetia, learned State Counsel for the respondents.

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It is the case of the petitioner that he is the owner of three vehicles bearing registration numbers – AS-01-DD-9250 (Water Tanker), AS-01-AY-9935 (Tata Sumo) and AS-25-D-6571 (Bolero) which was given on hire to the respondent authorities for the interest of public service and maintaining the law and order situation etc. The petitioner had accordingly raised bills of Rs.12,30,150/- (Rupees twelve lakhs thirty thousand and one hundred fifty) only

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Page No.# 3/3

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which, however has not been paid. The learned counsel for the petitioner has referred to the affidavit-in-opposition to establish that the amount in question is also admitted by the respondent authorities.

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Shri M. Chetia, learned State Counsel submits that the amount in question is not disputed and in this regard, an affidavit-in-opposition has also been filed on 18.09.2021 by the respondent no. 7 – the Superintendent of Police, Kamrup (R), Amingaon. In the said affidavit-in-opposition, the paragraph 8 reads as follows:

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“That with regard the statements made in paragraph 6 of the writ petition, the deponent begs to state that the liability is Rs.12,30,153/payable to the petitioner.”

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Further, in paragraph 9, a chart of the liability statement amounting to Rs.12,30,153/- (Rupees twelve lakhs thirty thousand and one hundred fifty three) has also been given.

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On a perusal of the said affidavit-in-opposition and on considering the facts and circumstances, this Court is of the opinion that this writ petition can be disposed of in terms of the law laid down by the Full Bench of this Court in the case of Tamsher Ali & Ors. Vs. State of Assam and Others , reported in 2008 (4) GLT 1. Accordingly, this writ petition is disposed of by directing the respondent authorities to take up the matter for release of the contractual bills to the petitioner by following the prescription laid down in the case of Tamsher Ali (supra).

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JUDGE

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Comparing Assistant

Manju Bibi v. the State of Assam and 8 Ors.

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Manju Bibi v. the State of Assam and 8 Ors.

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