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

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

What the court decided

AI extract

Outcome

Direction for release of pending contractual dues of Rs.3,02,548/-: petitioner to submit a representation before respondent no.3 (Superintendent of Police, Goalpara) with a certified copy of the order; respondent nos. 2 (Deputy Commissioner, Goalpara) and 3 to verify the bills against contemporaneous records, determine the amount receivable, and release it within six months of receipt of a certified copy of the order.

Issue for consideration

Whether the petitioner is entitled to a direction for release of contractual dues of Rs.3,02,548/- alleged to be payable by the State respondents for the requisition of his vehicle (Winger Bus, Registration No. ML-08D-1103) for law and order duty.

Court's answer

The respondents, in their affidavit-in-opposition, did not deny the period of requisition of the petitioner's vehicle or the amounts involved in the bills raised by him; their only stand was that the bills received in the Office of the Senior Superintendent of Police, Goalpara were forwarded to the establishment of the Deputy Commissioner, Goalpara for further process.

Ratio / Principle

The petitioner is eligible for a direction for release of his pending contractual dues in connection with the requisition of his vehicle, a Winger Bus bearing registration no. ML-08D-1103.

Key takeaways

The petitioner was directed to submit a representation before respondent no.3, with a certified copy of the order, staking claim to his pending contractual dues of Rs.3,02,548/-; respondent nos. 2 and 3 were to verify the bills against contemporaneous records, determine the amount receivable, and release it to the petitioner within six months from the date of receipt of a certified copy of the order.ratio¶9

Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/1082/2024 (N. Unni Krishnan Nair, J.), order dated 03.12.2025 - Vehicle requisition - Payment of contractual dues - Petitioner's Winger Bus (Registration No. ML-08D-1103) was requisitioned by the respondent authorities on four occasions between 23.05.2019 and 27.11.2019 for law and order duty; bills totalling Rs.3,02,548/- (Rs.77,280/- + Rs.99,931/- + Rs.79,606/- + Rs.45,731/-) were submitted through the Superintendent of Police, Goalpara and forwarded to the Deputy Commissioner, Goalpara (on 23.08.2023) but remained unpaid; the respondents' affidavit did not deny the requisition periods or the amounts involved; the Court held the petitioner eligible for a direction for release of his pending contractual dues and directed the petitioner to submit a representation before respondent no.3, whereupon respondent nos. 2 & 3 were to verify the bills against contemporaneous records, determine the amount receivable and release it within six months of receipt of a certified copy of the order; writ petition disposed of.

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GAHC010040182024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1082/2024

RAJESH ROUSHAN S/O LATE MOHUWA HUSSAIN VILL- HADIGAON P.O. TUKURA P.S. AGIA DIST. GOALPARA ASSAM PIN NO. -783126

VERSUS

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.

2:THE DEPUTY COMMISSIONER GOALPARA

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

3:THE SUPERINTENDENT OF POLICE

GOALPARA P.O. GOALPARA DIST. GOALPARA

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ASSAM PIN-783101

4:THE OFFICER-IN-CHARGE

KRISHNAI POLICE STATION KARISHNAI P.O. KRISHNAI DIST. GOALPARA ASSAM PIN-783126

-----------Advocate for : MR. N UDDIN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS

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BEFORE

HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

03.12.2025

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

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.3,02,548/-(Rupees Three Lakhs Two Thousand Five Hundred Forty Eight) only, being the contractual dues receivable by the petitioner in lieu of the requisition of his vehicle for the purpose of law and order duty by the State respondents.

The petitioner, who is the registered owner of a vehicle bearing Registration No.ML-08D-1103 (Winger Bus), has projected in the writ petition that the said vehicle of the petitioner was initially requisitioned for a period w.e.f. 23.05.2019 to 17.07.2019. Thereafter, the vehicle was again requisitioned for a period w.e.f. 18.07.2019 to 14.09.2019. The vehicle of the petitioner again came to be requisitioned w.e.f. 15.09.2019 to 31.10.2019 and w.e.f. 01.11.2019 to 27.11.2019. 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

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raised a total bill for an amount of Rs.3,02,548/-(Rupees Three Lakhs Two Thousand Five Hundred Forty Eight) 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, he has instituted the present proceedings.

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 his family from the earnings of his aforesaid vehicle.

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 his 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 requisition of his 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.

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. 23.05.2019 to 17.07.2019, 18.07.2019 to 14.09.2019, 15.09.2019 to 31.10.2019 and 01.11.2019 to 27.11.2019. The petitioner for the said periods when his vehicle was taken on requisition by the respondent no.3 had submitted separate bills. For the period of requisition w.e.f. 23.05.2019 to 17.07.2019 a bill for an amount of Rs.77,280/- (Rupees Seventy Seven Thousand Two Hundred Eighty) only was submitted. Accordingly for the period of requisition of the vehicle w.e.f 18.07.2019 to 14.09.2019, a bill for an amount of Rs.99,931/(Rupees Ninety Nine Thousand Nine Hundred Thirty One) only was submitted. Likewise for the period of requisition of the vehicle w.e.f. 15.09.2019 to 31.10.2019 and 01.11.2019 to 27.11.2019, bills for an amount of Rs.79,606/- (Rupees Seventy Nine Thousand Six Hundred Six) only and Rs.45,731/-(Rupees Forty Five Thousand Seven Hundred Thirty One) respectively, came to be submitted. The amount involved in the above bills works out to Rs.3,02,548/-(Rupees Three Lakhs Two Thousand Five Hundred Forty Eight).

7. The respondents in their affidavit have not denied the contentions raised by the petitioner in his writ petition of the period of requisition of the vehicle and of the amount involved in the bills raised by him 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, 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 his pending contractual dues in connection with the requisition of his vehicle i.e., Winger Bus bearing registration no.ML-08D-1103.

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 his pending contractual dues amounting to Rs.3,02,548/(Rupees Three Lakhs Two Thousand Five Hundred Forty Eight) 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 his 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.

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

JUDGE

Comparing Assistant