Jarjina Sultana Vs the State of Assam and 3 Ors.

Heard Mr. N. Uddin, learned counsel for the petitioner. Also heard Ms. U .Das, learned Additional Senior Government Advocate, appearing for the State respondents.

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2. The petitioner by way of instituting the present proceedings has prayed for issuance of a direction upon the respondent authorities to pay an amount of Rs.8,12,331/-(Rupees Eight Lakhs Twelve Thousand Three Hundred Thirty One) only, being the contractual dues receivable by the petitioner in lieu of the requisition of her vehicle for the purpose of law and order duty by the State respondents.

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The petitioner, who is the registered owner of a vehicle bearing Registration No.ML-08C-9880 (Traveller), has projected in the writ petition that the said vehicle of the petitioner was initially requisitioned for a period w.e.f. 15.09.2019 to 06.12.2019. Thereafter, the vehicle was again requisitioned for a

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period w.e.f. 07.12.2019 to 29.01.2020. The vehicle of the petitioner again came to be requisitioned w.e.f. 30.01.2020 to 06.07.2020 and w.e.f. 07.07.2020 to 11.10.2020. It is further projected that the vehicle on being requisitioned was being driven by a driver who was engaged by the petitioner and the petitioner was paying the monthly salaries of the driver. In connection with the requisition of the vehicle of the petitioner, for the periods noticed hereinabove, the petitioner had raised a total bill for an amount of Rs.8,12,331/-(Rupees Eight Lakhs Twelve Thousand Three Hundred Thirty One) only. The said bills were submitted in parts before the Superintendent of Police, Goalpara, Assam. The bills were, thereafter, forwarded to the establishment of the Deputy Commissioner, Goalpara, for further necessary action. The bills of the petitioner, having remained unpaid, she has instituted the present proceedings.

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3. Mr. N. Uddin, learned counsel for the petitioner, by reiterating the facts noticed, hereinabove, has submitted that the dues receivable by the petitioner being admitted by the respondents, the delay occasioning in release of the amounts involved, has caused severe prejudice to the interest of the petitioner. He submits that the petitioner has been maintaining her family from the earnings of her aforesaid vehicle.

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4. Ms. U. Das, learned counsel for the respondents, by referring to the affidavit filed by the Senior Superintendent of Police, Goalpara, in the matter, has submitted that the contentions of the petitioner, that her vehicle was so requisitioned, for varying periods, on 4 (four) different occasions, is admitted to by the respondents. It is further submitted by Ms. U. Das, that the outstanding bills submitted by the petitioner, in connection with the requisitioned of her vehicle, was forwarded to the establishment of the Deputy Commissioner, Goalpara, on 23.08.2023, however the status of processing of the said bills have not been communicated to the Office of the Senior Superintendent of Police, Goalpara.

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5. I have heard the learned counsel for the parties and also perused the materials brought on record.

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6. The petitioner’s vehicle was requisitioned by the respondent authorities for varying periods on 4 (four) different occasions i.e., for the periods w.e.f. 15.09.2019 to 06.12.2019, 07.12.2019 to 29.01.2020, 30.01.2020 to 06.07.2020 and 07.07.2020 to 11.10.2020. The petitioner for the said periods when her vehicle was taken on requisition by the respondent no.3 had submitted separate bills. For the period of requisition w.e.f. 15.09.2019 to 06.12.2019 a bill for an amount of Rs.1,71,561/- (Rupees One Lakhs Seventy One Thousand Five Hundred Sixty One) only was submitted. Accordingly for the period of requisition of the vehicle w.e.f 07.12.2019 to 29.01.2020, a bill for an amount of Rs. 1,11,618/(Rupees One Lakhs Eleven Thousand Six Hundred Eighteen) only was submitted. Likewise for the period of requisition of the vehicle w.e.f. 30.01.2020 to 06.07.2020 and w.e.f. 07.07.2020 to 11.10.2020, bills for an amount of Rs.3,28,653/- (Rupees Three Lakhs Twenty Eight Thousand Six Hundred Fifty Three) only and Rs.2,00,449/-(Rupees Two Lakhs Four Hundred Forty Nine) respectively, came to be submitted. The amount involved in the above bills works out to Rs.8,12,331/-(Rupees Eight Lakhs Twelve Thousand Three Hundred Thirty One).

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7. The respondents in their affidavit have not denied the contentions raised by the petitioner in her writ petition of the period of requisition of the vehicle and of the amount involved in the bills raised by her in this connection. The only stand taken in the affidavit-in-opposition is to the effect, the bills on being received in the office of the Senior Superintendent of Police, Goalpara, the same were forwarded to the establishment of the Deputy Commissioner, Goalpara, for further process.

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8. In view of the above position, the requisition of the vehicle of the petitioner,

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not being disputed and further the bills raised by the petitioner also being found to have been disputed, this Court is of the considered view that the petitioner is eligible for a direction for release of her pending contractual dues in connection with the requisition of her vehicle i.e., Traveller Bus bearing Registration no. ML08C-9880.

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9. In view of the above discussion, the petitioner is directed to submit a representation before the respondent no.3, and along with a certified copy of this order staking a claim for being release of her pending contractual dues amounting to Rs.8,12,331/-(Rupees Eight Lakhs Twelve Thousand Three Hundred Thirty One) only. The respondent no.3 along with respondent no.2, shall verify the bills submitted by the petitioner in the light of the contemporaneous records maintained in their respective establishment with regard to requisition of the vehicle of the petitioner, herein. On such examination being made the respondent nos.2 & 3 shall determine the amount receivable by the petitioner in lieu of the requisition of her vehicle by the respondent no.3. On the amount receivable by the petitioner being determined, the respondent nos.2 & 3 shall release to the petitioner the said amount within a period of 6(six) months from the date of receipt of a certified copy of this order.

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10. With the above observations and directions, the present writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Jarjina Sultana v. the State of Assam and 3 Ors.

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Jarjina Sultana v. the State of Assam and 3 Ors.

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