Dudhnath Bhagat Vs the State of Assam and Othrs

Considering the subject matter and as agreed to by the learned counsel for the parties, the instant petition is taken up for disposal at the admission stage. Suffice it to mention that the contesting respondent has filed affidavit on 18.06.2026.

¶29

The matter relates to a claim for hire charges of the vehicle of the petitioner. It is contended that the petitioner is the registered owner of a vehicle (Bolero) bearing registration no. AS-09D-9050 which was taken on hire by the District Administration of the West Karbi Anglong for official duties for the period 01.03.2020 to 31.01.2022. The petitioner had accordingly, submitted bills totalling to Rs.6,34,664/- (Rupees Six Lakhs Thirty-Four Thousand Six Hundred

¶30

Page No.# 3/4

¶31

Sixty-Four) only. As the bills were not paid, the petitioner had approached this Court.

¶32

Shri Singh, the learned counsel has submitted that the amount in question is admitted by the respondent. In this connection he has submitted that the respondent no. 5 in the affidavit has admitted the liability.

¶33

Shri M. Chetia, learned State Counsel has submitted that upon issuance of notice, the matter was examined and the respondent no. 5 has filed the affidavit on 18.06.2026. He has submitted that part of the amount has already been paid and there is a balance amount of Rs.1,91,396/- (Rupees One Lakh Ninety One Thousand Three Hundred Ninety Six) only.

¶34

The scope of interference / passing of orders by a Writ Court in a claim for contractual dues is circumscribed. This is because of the fact that there are disputed questions of fact. However, the Hon’ble Full Bench in the case of Tamsher Ali vs. State of Assam reported in 2008 (4) GLT 1 has laid down certain guidelines in which a Writ Court may also pass appropriate orders in such petitions. For ready reference, the principles are extracted herein below:

¶35

"i) All claims for payment of outstanding dues would be entertained for consideration provided the same are admitted by the respective departments. The admissions of liability shall have to be certified by the respective Chief Engineer in respect of Works Departments and in respect of other departments by the Head of the departments.

¶36

ii) All claims for payment of admitted outstanding dues would be entertained for payment provided the claims are lodged before the competent authority within a period of three years from the date of the payment becoming due.

¶37

iii) All claims for payment of admitted outstanding dues in respect of which the contractors intend or have approached the Hon'ble Court, in such cases, the contractors must approach the Hon'ble High Court within a period of 3 years from the date of the payment becoming due. This

¶38

Page No.# 4/4

¶39

view has been taken as the Hon'ble Apex Court in the State of Madhya Pradesh Vs. BhailalBhai and Ors. reported in AIR 1964 SC 1006 at Para 21 has observed that though provisions of Limitation Act do not as such apply to proceedings under Article 226, the period of Limitation prescribed by Limitation Act for instituting a civil action may ordinarily be taken to be a reasonable standard by which delay in seeking remedy under Article 226 can be measured. "

¶40

In the present case, the acknowledgment of liability has come in the form of an affidavit filed by the respondent no. 5 on 18.06.2026. For ready reference, the relevant pleadings of the said affidavit are extracted herein below:

¶41

“5. …

¶42

It is further submitted that the outstanding liabilities for the remaining period, namely from 01.03.2020 to 31.03.2020, 01.04.2020 to 30.04.2020, to 01.05.2020 to 31.05.2020 and 08.10.2021 to 31.10.2021, amounting to Rs.1,91,396/- (Rupees One Lakh Ninety One Thousand Three Hundred and Ninety Six only), shall be cleared after release of the requisite funds by the Government of Assam.”

¶43

In view of such admission by way of affidavit by the competent authority, this Court is of the view that the claim of the petitioner would be covered by the principles and directions passed by the Hon’ble Full Bench.

¶44

Let the claim of the petitioner accordingly be treated in the aforesaid principles laid down by the Hon’ble Full Bench by placing his name in the chronological order and release the balance amount expeditiously and in accordance with law.

¶45

Writ petition accordingly stands disposed of.

¶46

JUDGE

¶47

Comparing Assistant

Dudhnath Bhagat v. the State of Assam and Othrs

Case brief

What is this about?

What did the court decide?

Dudhnath Bhagat v. the State of Assam and Othrs

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Mehbub Hussain Laskar Vs the State of Assam and 5 Ors.

Mintu Ali Vs the State of Assam and 9 Ors.

Sawarmal Khemka and Sons HUF Vs the Union of India

Shri Bipul Kumar Moulik Vs the State of Assam and Othrs

Kachumara Andabhanga Mahchera Bazar Anchalik Unnayan Samity Vs the State of Assam

Nizam Uddin Vs Harmeet Singh, IPS