Disposed¶29

Purnima Kalita v. the State of Assam and Ors.

Gauhati HC5 Feb 2026WP(C)/5336/2025

Case brief

AI extract

What is this about?

Gauhati High Court, WP(C)/5336/2025, decided 06-02-2026 by Justice Manish Choudhury; neutral citation 2026:GAU-AS:1622; diary no. GAHC010198372025. Subject: release of pending government vehicle-hire bills; Assam Police Commissionerate; consensual disposal on admission of liability with time-bound (four-month) disbursement direction; quantum reduced from claimed Rs. 20,09,249/- to admitted Rs. 13,39,281/-. Keywords: hiring charges, Motor Transport Officer, sanction, FOC, payment direction, disposal of writ petition on admission.

What did the court decide?

Direction to the respondent authorities to complete the formalities of sanction and FOC and disburse the admitted amount of Rs. 13,39,281/- to the petitioner within four months; petitioner to submit a certified copy of the order to respondent no. 3 to facilitate expeditious disbursement.

Purnima Kalita Vs the State of Assam and Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether a direction should issue to the respondent authorities to release the petitioner's pending vehicle-hiring bills amounting to Rs. 20,09,249/- for hire of the petitioner's three vehicles during 01.07.2016 - 31.12.2024. +1 more

¶20

Court's answer

In view of the admission of liability to the extent of Rs. 13,39,281/- and the broad consensus arrived at by the parties, instead of keeping the writ petition pending, the same is disposed of with a direction to the respondent authorities to complete the formalities of sanction and FOC and disburse Rs. 13,39,281/- to the petitioner within a period of four months.

¶25

Ratio / Principle

The petitioner shall submit a certified copy of the order at the office of respondent no. 3 so as to enable respondent no. 3 to facilitate expeditious disbursement of the admitted amount to the petitioner.

¶28

Detailed headnote1 paragraphs

Gauhati High Court (Manish Choudhury, J.), order dated 06-02-2026 in WP(C)/5336/2025: writ petition concerning unpaid hiring charges for three vehicles (AS-01-BW-6550 Maruti Gypsy; AS-01DH-2911 Gypsy; AS-01-FE-7215 Innova) taken on hire by the Commissioner of Police through the Motor Transport Officer between 01.07.2016 and 31.12.2024. Bills of Rs. 20,09,249/- were raised at State-prescribed hiring rates. In its affidavit-in-opposition, respondent no. 2 admitted liability of Rs. 13,39,281/- after deducting an alleged excess claim of Rs. 1,13,276/- and payments of Rs. 5,56,692/- already made, with a sanction proposal pending at the Assam Police Headquarters subject to receipt of FOC from the Government. Recording the admission of liability and the broad consensus between the parties, the Court disposed of the writ petition with a direction to complete the formalities of sanction and FOC and disburse Rs. 13,39,281/- within four months, and directed the petitioner to furnish a certified copy of the order to respondent no. 3 to facilitate expeditious disbursement.

Page No.# 1/4

GAHC010198372025

2026:GAU-AS:1622

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

¶5

Case No. : WP(C)/5336/2025

¶6

PURNIMA KALITA W/O- KARUNA KANTA KALITA, R/O- BHEBARGHAT, KALITAPARA, MANGALDOI, P.O AND P.SMANGALDAI, DIST- DARRANG , PIN-784125, ASSAM

¶7

VERSUS

¶8

THE STATE OF ASSAM AND ORS REP BY THE PRINCIPAL SECRETARY, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI-06, KAMRUP (M), ASSAM

¶9

2:THE COMMISSIONER OF POLICE ASSAM POLICE COMMISSIONERATE MG ROAD PANBAZAR GUWAHATI-01 KAMRUP (M) ASSAM 3:THE DIRECTOR GENERAL OF POLICE GUWAHATI-07 ASSAM GUWAHATI-07 ASSAM

¶10

4:THE MOTOR TRANSPORT OFFICER POLICE RESERVE ASSAM POLICE COMMISSIONERATE MG ROAD PANBAZAR GUWAHATI-01

¶11

Page No.# 2/4

¶12

KAMRUP (M) ASSAM

¶13

5:ADDITIONAL DISTRICT MAGISTRATE KAMRUP (M) GUWAHATI-01 KAMRUP (M) ASSA

¶14

Advocate for the Petitioner : MR. A DEKA,

¶15

Advocate for the Respondent : GA, ASSAM,

¶16

BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

¶17

ORDER

¶18

Date : 06-02-2026

¶19

Heard Mr. A. Deka, learned counsel for the petitioner and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for all the respondents.

¶20

The petitioner has stated that he is the registered owner of three nos. of vehicles bearing registration nos. [i] AS-01-BW-6550 [Maruti Gypsy]; [ii] AS-01DH-2911 [GYPSY]; and [iii] AS-01-FE-7215 [Innova]. The further case of the petitioner is that during the period from 01.07.2016 – 31.12.2024, the vehicles of the petitioners were taken on hire by the respondent no. 2 through the respondent no. 4 for different periods. The petitioner had prepared and submitted the bills towards hiring charges as per the prescribed hiring rates fixed by the State Government for a total amount of Rs. 20,09,249/-. As the bills towards hiring charges for the said bill amount have not been released to the petitioner for a long time, the petitioner is before this Court by the present writ petition seeking inter alia a direction to the respondent authorities to release the amount of Rs. 20,09,249/-.

¶21

Page No.# 3/4

¶22

An affidavit-in-opposition on behalf of the respondent no. 2 has been filed traversing the contentions made with regards the bill amounts claimed by the petitioner for the three vehicles. It has been stated that when the matter has been examined, it is found that the petitioner has claimed an excess amount of Rs. 1,13,276/-. Therefore, the actual claim amount should be Rs. 18,95,973/-. When on examination of the records, it is revealed that the petitioner has already received an amount of Rs. 5,56,692/-. Therefore, the petitioner is eligible to receive only an amount of Rs. 13,39,281/-. It is further mentioned that a proposal for releasing of the amount of Rs. 13,39,281/- has already been received at the Assam Police Headquarters to accord approval of sanction to the admitted amount of Rs. 13,39,281/- subject to receipt of FOC from the Government.

¶23

Mr. Gogoi, learned Additional Senior Government Advocate appearing for all the respondents has submitted that a period of four months would be a reasonable period to complete the entire formalities for release of the admitted amount of Rs. 13,39,281/-.

¶24

Mr. Deka, learned counsel appearing for the petitioner has submitted that the petitioner has no objection if the admitted amount of Rs. 13,39,281/- is disbursed in favour of the petitioner within a period of four months from today.

¶25

In view of admission of the liability to the extent of Rs. 13,39,281/- and the broad consensus arrived at by the parties in the afore-stated manner, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the respondent authorities to complete the formalities of sanction and FOC to disburse the amount of Rs. 13,39,281/- to the petitioner within a period of 4 [four] months

¶26

Page No.# 4/4

¶27

from today. It is accordingly ordered.

¶28

The petitioner shall submit a certified copy of this order at the office of the respondent no. 3 so as to enable the respondent no. 3 to facilitate expeditious disbursement of the admitted amount to the petitioner.

¶29

This order disposes of the writ petition.

¶30

JUDGE

¶31

Comparing Assistant

Purnima Kalita v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Purnima Kalita v. the State of Assam and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Amar Lama and 8 Ors. Vs Oil India Limited and 2 Ors.

Mili Chaudhury Hazarika Vs the State of Assam and 4 Ors.

M/S Bipul Sarma Vs Shri Gyanendra Pratap Singh

Sri Sri Sewa Ashram Vs the State of Assam and 2 Ors.

Hazera Khatun Vs the Union of India and 7 Ors.

Prahalad Roy and 8 Ors. Vs the State of Assam and 5 Ors.