Disposed¶40

Rupajan Nessa v. the State of Assam and 3 Ors.

Gauhati HC2 Dec 2025WP(C)/1081/2024

Case brief

AI extract

What is this about?

Gauhati High Court, WP(C)/1081/2024, Rupajan Nessa v. State of Assam & Ors (Goalpara), decided 03.12.2025: recovery of contractual dues of Rs.7,85,115/- for requisition of petitioner's vehicle (Winger Bus, ML-06A-0649) for law and order duty during four periods from 26.09.2019 to 12.10.2020; bills pending with Deputy Commissioner/Superintendent of Police, Goalpara; direction to verify, determine and release dues within six months; writ petition disposed of.

What did the court decide?

Writ petition disposed of with directions: petitioner to submit representation before respondent no.3 claiming pending contractual dues of Rs.7,85,115/-; respondent nos.2 & 3 to verify the bills against contemporaneous records, determine the amount receivable, and release it within 6 (six) months of receipt of a certified copy of the order. ¶40

Rupajan Nessa Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to a direction for payment of Rs.7,85,115/-, being contractual dues receivable for the requisition of her vehicle by the State respondents for law and order duty.

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Court's answer

The respondents in their affidavit have not denied the petitioner's contentions regarding the periods of requisition of the vehicle and her raising of bills; the only stand taken is that the bills received in the office of the Senior Superintendent of Police, Goalpara were forwarded to the Deputy Commissioner, Goalpara for further processing.

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Ratio / Principle

Since the requisition of the petitioner's vehicle is not disputed and the bills raised are found to have been received by the authorities, the Court holds the petitioner eligible for a direction for release of her pending contractual dues in connection with the requisition of her Winger Bus bearing registration no. ML-06A-0649.

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Key takeaways

The petitioner is directed to submit a representation before respondent no.3 staking claim to her pending contractual dues of Rs.7,85,115/-; respondents 2 and 3 shall verify the bills against contemporaneous records, determine the amount receivable, and release it to the petitioner within 6 (six) months of receipt of a certified copy of the order.ratio¶39

Detailed headnote1 paragraphs

Gauhati High Court (N. Unni Krishnan Nair, J.), order dated 03.12.2025 in WP(C)/1081/2024, Rupajan Nessa v. State of Assam & Ors: The petitioner, registered owner of a Winger Bus (Regn. No. ML-06A-0649), sought payment of Rs.7,85,115/- as contractual dues for requisition of her vehicle for law and order duty on four occasions between 26.09.2019 and 12.10.2020 (period-wise bills of Rs.3,22,452/-, Rs.3,16,251/-, Rs.1,26,087/- and Rs.20,325/- submitted through the Superintendent of Police, Goalpara, and forwarded to the Deputy Commissioner, Goalpara on 28.09.2021). As the respondents' affidavit did not deny the requisition or the raising of bills, the Court held the petitioner eligible for release of her pending contractual dues and directed her to submit a representation before respondent no.3; respondent nos.2 & 3 to verify the bills against contemporaneous records, determine the amount receivable and release it within 6 (six) months of receipt of a certified copy of the order. Petition disposed of accordingly.

Page No.# 1/6

GAHC010040182024

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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)/1081/2024

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RUPAJAN NESSA W/O AJIMUDDIN SHEIKH VILL- ASHUDUBI, P.O. AND P.S. KRISHNAI DIST. GOALPARA, ASSAM PIN- 783126

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE DEPUTY COMMISSIONER GOALPARA

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P.O. GOALPARA DIST. GOALPARA ASSAM PIN-783101

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3:THE SUPERINTENDENT OF POLICE

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GOALPARA P.O. GOALPARA DIST. GOALPARA ASSAM PIN-783101

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4:THE OFFICER-IN-CHARGE

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KRISHNAI POLICE STATION KARISHNAI

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P.O. KRISHNAI DIST. GOALPARA ASSAM PIN-78312

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Advocate for the Petitioner : MR. N UDDIN, MD H R AHMED,MR S K CHHETRY,MR. M ISLAM

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Advocate for the Respondent : GA, ASSAM,

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BEFORE

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HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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Date : 03.12.2025

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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.7,85,115/-(Rupees Seven Lakhs Eighty Five Thousand One Hundred Fifteen) 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-06A-0649 (Winger Bus), has projected in the writ petition that the said vehicle of the petitioner was initially requisitioned for a period w.e.f. 26.09.2019 to 29.02.2020. Thereafter, the vehicle was again requisitioned for a period w.e.f. 01.03.2020 to 31.07.2020. The vehicle of the petitioner again came to be requisitioned w.e.f. 01.08.2020 to 30.09.2020 and w.e.f. 01.10.2020 to 12.10.2020. 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 bills totaling Rs.7,85,115/-(Rupees Seven Lakhs Eighty Five Thousand One Hundred Fifteen) 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

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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 requisitioning of her vehicle, was forwarded to the establishment of the Deputy Commissioner, Goalpara, on 28.09.2021, 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. 26.09.2019 to 29.02.2020, 01.03.2020 to 31.07.2020, 01.08.2020 to 30.09.2020 and 01.10.2020 to 12.10.2020. 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. 26.09.2019 to 29.02.2020 a bill for an amount of Rs.3,22,452/- (Rupees Three Lakhs Twenty Two Thousand Four Hundred Fifty Two) only was submitted. Accordingly for the period of requisition of

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the vehicle w.e.f 01.03.2020 to 31.07.2020, a bill for an amount of Rs. 3,16,251/(Rupees Three Lakhs Sixteen Thousand Two Hundred Fifty One) only was submitted. Likewise for the period of requisition of the vehicle w.e.f. 01.08.2020 to 30.09.2020 and w.e.f. 01.10.2020 to 12.10.2020, bills for an amount of Rs.1,26,087/- (Rupees One Lakh Twenty Six Thousand Eighty Seven) only and Rs.20,325/-(Rupees Twenty Thousand Three Hundred Twenty Five) respectively, came to be submitted. The amount involved in the above bills works out to Rs.7,85,115/-(Rupees Seven Lakhs Eighty Five Thousand One Hundred Fifteen).

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7. The respondents in their affidavit have not denied the contentions raised by the petitioner in her writ petition with regard to the periods of requisition of the vehicle and of raising of bills by the petitioner for the same. 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 processing.

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8. In view of the above position, the requisition of the vehicle of the petitioner, not being disputed and further the bills raised by the petitioner also being found to have been received by the authorities, 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., Winger Bus bearing registration no. ML-06A-0649.

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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.7,85,115/-(Rupees Seven Lakhs Eighty Five Thousand One Hundred Fifteen) only. The respondent no.3 along with respondent no.2, shall verify the bills submitted by the petitioner in the light of the contemporaneous record maintained

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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 determine, 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

Rupajan Nessa v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Rupajan Nessa v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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Procedural history

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