Disposed¶¶26

Gunindra Sarma v. the State of Assam and 2 Ors.

Vehicle requisition – payment of hire charges

Gauhati HC16 Mar 2025WP(C)/4748/2023

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Case brief

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What is this about?

Gauhati High Court; WP(C)/4748/2023; decided 17.03.2025; Justice Lanusungkum Jamir; vehicle requisition hire charges; Maruti Van AS-01-BR-8613; Commissioner of Police Guwahati City; outstanding dues Rs.4,30,631; verification of bills; sanctioning authority; deduction of declared 20%; payment within four months; disposal of writ petition; Proposal No.-149-153 (RV) dated 07.08.2023; Proposal No.-574 (RV) dated 08.09.2023.

What did the court decide?

Respondents directed to verify the bills for hiring of the petitioner's Maruti Van by the Office of the Commissioner of Police, Guwahati City; if the claimed amount is admitted on verification, it shall be paid within 4 months from receipt of a certified true copy of the order. ¶¶26

Gunindra Sarma Vs the State of Assam and 2 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 payment of the outstanding dues of Rs.4,30,631/- for requisition of his Maruti Van (Registration No. AS-01BR-8613) by the Commissioner of Police, Guwahati City for the period 01.01.2017 to 03.03.2019.

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Court's answer

The respondents were directed to have a verification of the bills submitted by the petitioner with regard to the hiring of his Maruti Van by the Office of the Commissioner of Police, Guwahati City.

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Ratio / Principle

On verification, if the amount claimed by the petitioner is admitted, the same shall be paid to the petitioner within a period of 4 (four) months from the date of receipt of a certified true copy of the order.

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Detailed headnote1 paragraphs

Vehicle requisition — payment of hire charges — Gauhati High Court disposes of writ petition directing verification of bills and payment of admitted amount within four months. The petitioner's Maruti Van (Registration No. AS-01BR-8613) was requisitioned by the Commissioner of Police, Guwahati City for maintenance of law and order from 01.01.2017 to 03.03.2019. His bill of Rs.4,30,631/- remained unpaid; the State, citing instructions of the Deputy Commissioner of Police (Crime), Guwahati dated 29.09.2023, stated that the bills had been forwarded to the sanctioning authority after deduction of the declared 20%. Considering those instructions, Justice Lanusungkum Jamir disposed of WP(C)/4748/2023 on 17.03.2025, directing the respondents to verify the bills relating to the hiring of the van by the Office of the Commissioner of Police, Guwahati City and, if the claimed amount is admitted, to pay it within four months from receipt of a certified true copy of the order.

Page No.# 1/3

GAHC010181712023

2025:GAU-AS:2759

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

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Case No. : WP(C)/4748/2023

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GUNINDRA SARMA S/O- MAHESH SARMA, R/O- BATAHGHULI PANJABARI, BHUPENDRA PATH, HOUSE NO. 12, WARD NO 53, GUWAHATI, DIST.- KAMRUP(M).

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VERSUS

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THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06.

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2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI DIST. KAMRUP(M). 3:THE COMMISSIONER OF POLICE GUWAHATI DIST.- KAMRUP(M) ASSAM

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Advocate for the Petitioner : MR. S BORTHAKUR, MS. S KAKATI,MS. M. KONYAK. W

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Advocate for the Respondent : GA, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

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ORDER

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Date : 17.03.2025

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1. Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned Additional Senior Government Advocate appearing on behalf of all the respondents.

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2. The petitioner is the owner of Maruti Van bearing Registration No. AS-01BR-8613 and his vehicle was requisitioned by the Commissioner of Police, Guwahati City for maintenacne of law and order for the period 01.01.2017 to 03.03.2019. Thereafter, the petitioner submitted the bill before the Commissioner of Police, Guwahati City/Respondent No. 3 for making payment for a total amount of Rs.4,30,631/-. However, till date, the total outstanding dues of Rs.4,30,631/- is yet to be paid to the petitioner. Being aggrieved, the petitioner is before this Court by way of the present writ petition.

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3. Mr. K. Gogoi, learned Additional Senior Government Advocate on the basis of instructions submitted by the Deputy Commissioner of Police (Crime), Guwahati dated 29.09.2023, submits that the bills received from the petitioner have been forwarded to the sanctioning authority after deduction of the declared amount of 20% (twenty per cent) for according sanction.

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4. This Court has considered the instructions submitted by the Deputy Commissioner of Police (Crime), Guwahati, wherein the details forwarded to the sanctioning authority are given and the same reads as under:

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Page No.# 3/3

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PROPOSAL NO.-149-153 (RV) dated 07.08.2023

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Sl No.	Vehicle No.	Type of Vehicle	Period		Am	ount
1.	AS-01-BR-	M/Van	01.07.2018	31.12.2018	Rs.	155812.00
	8613
2.	AS-01-BR-	M/Van	01.02.2019	03.03.2019	Rs.	26250.00
	8613
3.	AS-01-BR- 8613	M/Van	01.01.2019	31.01.2019	Rs.	26250

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PROPOSAL NO.-574 (RV) dated 08.09.2023

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4. AS-01-BR- 8613	M/Van	01.01.2017	30.06.2017	Rs.	153271.00

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5. Considering the instructions submitted by the learned Additional Senior Government Advocate, this writ petition is, accordingly, disposed of directing the respondents to have a verification of the bills submitted by the petitioner with regard to the hiring of his Maruti Van by the Office of the Commissioner of Police, Guwahati City. Thereafter, on verification, if the amount claimed by the petitioner is admitted, the same shall be paid to the petitioner within a period of 4 (four) months from the date of receipt of a certified true copy of this order.

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6. With the above observations and directions, this writ petition is disposed of.

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7. The instructions dated 29.09.2023 is placed on record.

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JUDGE

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Comparing Assistant

Gunindra Sarma v. the State of Assam and 2 Ors.

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Gunindra Sarma v. the State of Assam and 2 Ors.

Case brief

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