Pradip Kumar Das Vs the State of Assam and Anr.

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GAHC010221942025

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2026:GAU-AS:8445

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

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Case No. : WP(C)/5867/2025

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PRADIP KUMAR DAS

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SON OF LATE MAHESWAR DAS, RESIDENT OF FLAT NO. D-3, 3RD FLOOR, SANTI NIWAS, BLOACK-1, SANKAR DEV NAGAR COMPLEX, POST OFFICEGAUHATI UNIVERSITY, POLICE STATION- JALUKBARI, DISTRICTKAMRUP (M), ASSAM, PIN -781014

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VERSUS

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THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECRETARY, HOME DEPARTMENT, DISPUR, GUWAHATI, PIN-781006

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2:THE COMMISSIONER OF POLICE KHANAPARA GUWAHATI PIN-78102

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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For the Petitioner(s) : Mr. T. Deuri, Advocate

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For the Respondent(s) : Mr. K. Gogoi, Addl. Sr. Govt. Advocate

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Date on which judgment is reserved : NA Date of pronouncement of judgment : 12.06.2026

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Whether the pronouncement is of the Operative part of the judgment? : Yes

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Whether the full judgment has been Pronounced? : Yes

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JUDGMENT AND ORDER (ORAL)

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Heard Mr. T. Deuri, the learned counsel appearing on behalf of the Petitioner. Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the State Respondents.

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The instant writ petition is filed by the Petitioner challenging the non-payment of the admitted amount of Rs.2,25,589/-for hiring the vehicle of the Petitioner by the Respondent Authorities.

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The case of the Petitioner herein is that the Petitioner is the registered owner of a vehicle bearing Registration No.AS-01-BV0120 (Bolero ZLX). The vehicle of the Petitioner was requisitioned by the Respondent Authorities for the purpose of transportation and maintaining law and order situation within the city of Guwahati for a period of 182 days w.e.f. 01.01.2016 to 30.06.2016. Accordingly, the Petitioner is entitled to an amount of Rs.2,25,589/- on account of the vehicle hire charge. However, the said amount having not been paid, the petitioner has

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approached this Court.

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The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has been pursuing the matter diligently with the Respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.2,25,589/- due to the Petitioner for which the Petitioner is facing hardship. The learned counsel for the Petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the Petitioner. Hence, the Petitioner has approached this Court by filing the instant writ petition.

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Mr. K. Gogoi, the learned Additional Senior Government Advocate has placed before this Court a communication dated 09.02.2026 issued by the Deputy Commissioner of Police (Crime) which is kept on record and marked with the letter “X”. From a perusal of the said communication, it is seen that the Respondent Authorities have admitted their liability of an amount of Rs.2,25,589/-. The contents of the said communication being relevant is reproduced herein under:-

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“ GOVT. OF ASSAM OFFICE OF THE COMMISSIONER OF POLICE : GUWAHATI, ASSAM:

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_____________________________________________ Memo No. V/HC-155/W.P.(C) No. 5867-25/2026/ 176 Dated: 09/02/2026.

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To, Shri Sudipta Ranjan Boruah, Jr. Govt. Advocate, Assam, Gauhati High Court, Guwahati.

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Sub: W.P. (C) No. 5867 of 2025 Sri Pradip Kumar Das -Vs- The State of Assam & Ors. Ref: Letter No. JRGA/SRB/26/79 dated 06.01.2026.

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Sir,

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With reference to the above and as directed, I have the honour to inform you that it appears from the report received from the Addl. Deputy Commissioner of Police (Admn), Guwahati, Assam that the outstanding claim made by the petitioner in the above noted writ petition is in order. Accordingly, a proposal vide No. 3609 (RV) dated 06.02.2026 against the outstanding dues of Rs. 2,25,589/- has been submitted to the Assam Police Headquarter i.e. Sanctioning Authority to accord approval of sanction. A copy of report received from the report received from the Addl. Deputy Commissioner of Police (Admn), Guwahati, Assam vide Memo No. ECP/Hire Charge/High Court/2026/658 dated 06.02.2026 is enclosed herewith.

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I, therefore request you kindly to appraise the Hon'ble Court accordingly.

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Enclo: As stated.

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Yours faithfully,

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Deputy Commissioner of Police (Crime), Guwahati.”

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Upon perusal of the materials on record, and more particularly, the contents of the communication dated 09.02.2026 quoted above, it would be seen that the Respondents therefore admit that the Petitioner is entitled to the amount of Rs.2,25,589/-. Accordingly, the writ petition is disposed of with the following observations and directions:-

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i) The Petitioner is entitled to the amount of Rs.2,25,589/- as admitted by the Respondents.

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ii) The said amount of Rs.2,25,589/- be paid to the Petitioner after making such statutory deductions, if so required within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the Respondent No.2, i.e. the Commissioner of Police, Khanapara, Guwahati.

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(iii) Any amount so paid during the pendency of the present writ petition towards the dues of the Petitioner shall be set off while making payment to the Petitioner.

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JUDGE

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Pradip Kumar Das v. the State of Assam and Anr.

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