Jakirul Islam Vs the State of Assam and 4 Ors. — Gauhati HC (2026) — LawSathi Research

Jakirul Islam Vs the State of Assam and 4 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner to submit a representation with the certified copy of the order before respondent Nos. 2 & 3 (Commissioner of Police and Director General of Police); respondent Nos. 2 & 3 to clear the amount due (Rs. 42,89,078/- as computed by the department and agreed to by the petitioner) within two months of receipt of the representation.

Issue for consideration

Entitlement to and payment of unpaid vehicle-hiring charges: the petitioner claimed Rs. 42,94,307/- for vehicles hired by respondent authorities during 2022-2024; the department computed the dues at Rs. 42,89,078/-, which the petitioner accepted. +1 more

Court's answer

On receipt of such representation along with a copy of the instant order, respondent Nos. 2 & 3 shall clear the amount due (Rs. 42,89,078/- as computed by the department and accepted by the petitioner) within a period of two months thereafter.

Ratio / Principle

In view of the submissions, the Court directed that the petitioner shall submit a representation along with the certified copy of the instant order before respondent Nos. 2 & 3 at the earliest.

Key takeaways

In view of the foregoing directions, the instant writ petition is disposed of.ratio¶32

Detailed headnote1 paragraphs

Vehicle-hire dues - writ disposed with time-bound payment direction. Petitioner Jakirul Islam hired out a Bus (AS-13-C-6786), a Traveler (AS-01-LC-0233) and a Tata Sumo (AS-13-G-9789) to respondent authorities during 2022-2024 and claimed Rs. 42,94,307/- as unpaid hiring charges. Pursuant to a departmental communication dated 23.12.2025 (Memo No. V/HC-152/W.P.(C) No. 5291-25/2025/2610, Deputy Commissioner of Police (Crime)), kept on record and marked 'X', computing the dues at Rs. 42,89,078/- with bills forwarded to Assam Police Headquarters for sanction approval, and the petitioner's consent to that computation, the Court (Hon'ble Justice Anjan Moni Kalita, Gauhati High Court, order dated 06.04.2026) directed the petitioner to submit a representation with a certified copy of the order before respondent Nos. 2 & 3 (Commissioner of Police; Director General of Police), who shall clear the amount due within two months of receipt; the writ petition stands disposed of.

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GAHC010198362025

2026:GAU-AS:5025

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

Case No. : WP(C)/5291/2025

JAKIRUL ISLAM S/O- LATE NURUL ISLAM, R/O- WARD NO. 2, SAHITYA NAGAR, MANGALDOI, P.O. AND P.S. MANGALDOI, DIST. DARRANG, ASSAM, PIN784125.

VERSUS

THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE PRINCIPAL SECRETARY, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-781006, KAMRUP METRO, ASSAM

2:THE COMMISSIONER OF POLICE ASSAM POLICE COMMISSIONERATE M.G. ROAD PANBAZAR GUWAHATI-781001 KAMRUP METRO ASSAM

3:THE DIRECTOR GENERAL OF POLICE

GUWAHATI-7 ASSAM

4:THE MOTOR TRANSPORT OFFICER POLICE RESERVE ASSAM POLICE COMMISSIONERATE M.G. ROAD PANBAZAR GUWAHATI-781001 KAMRUP METRO ASSAM

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5:ADDITIONAL DISTRICT MAGISTRATE KAMRUP METROPOLITAN DISTRICT GUWAHATI-1 ASSA

Advocate for the Petitioner : MR. A DEKA,

Advocate for the Respondent : GA, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

Date : 06.04.2026

06.04.2026

Heard Mr. A. Deka, the learned counsel for the petitioner. Also heard Ms. U. Das, learned Additional Senior Government Advocate for the respondent authorities.

2. The case of the petitioner herein, is that the petitioner is engaged in the business of providing vehicles on hire to various Governments as well as Private organizations and that one Bus bearing registration No. AS-13-C-6786, one Traveler bearing registration No. AS-01-LC-0233 and Tata Sumo, bearing registration No. AS-13-G-9789, all belonging to the petitioner were hired by the respondents authorities during the period from 2022 to 2024.

3. Accordingly, the petitioner claims that he is entitled to an amount of Rs. 42,94,307/- (Rupees Forty Two Lakhs Ninety Four Thousand Three Hundred

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Seven) only on account of the hiring charges bill from the respondent authorities. However, the said amount has not been paid till date. Finding no other alternative, the petitioner is approaching this Court.

4. While the matter was taken up today, the learned Additional Senior Government Advocate has submitted that she has received some instructions from the concerned department and accordingly, a communication bearing Memo No. V/HC-152/W.P.(C) No. 5291-25/2025/2610, dated 23.12.2025 issued by the Deputy Commissioner of Police (Crime) has been placed before this Court. The communication reveals that the respondent department has calculated the amount due to the petitioner and as per their calculation, the amount comes to Rs. 42, 89,078/- ( Rupees Forty Two Lakhs Eighty Nine Thousand Seventy Eight) only as per their office records. A chart containing the details of the aforesaid calculation has also been provided in the aforesaid communication. It is also seen from the aforesaid communication that after due scrutiny and observing required formalities, the bills have already been forwarded to the Assam Police Head Quarters to accord approval for the sanction of the aforesaid sum of Rs. 42,89,078/- (Rupees Forty Two Lakhs Eighty Nine Thousand Seventy Eight). In view of the aforesaid communication, the learned Additional Senior Government Advocate, submits that the instant writ petition can be disposed of by passing a direction to clear the amounts due to the petitioner by the respondent authorities within a specified time period.

5 . The aforesaid communication dated 23.12.2025, is kept on record and the same is marked as ‘X’.

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6 . The learned counsel appearing for the petitioner submits that he is agreeable to the amount that has been calculated by the respondent authorities.

7. In view of the aforesaid submissions, it is directed that the petitioner shall submit a representation along with the certified copy of instant order before the respondent authorities, i.e., respondent Nos. 2 & 3, at the earliest and on receipt of such representation along with a copy of the instant order, the respondent authorities, i.e., respondent Nos. 2 & 3, shall clear the amount due, as stated above, within a period of two months thereafter.

8 . Accordingly, the instant writ petition is disposed of.

Comparing Assistant