MD Anowar Hussain Vs the State of Assam and 6 Ors.

Date on which judgment is reserved : NA Date of pronouncement of judgment : 06.05.2026 Whether the pronouncement is of the Operative part of the judgment? : NA

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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. J. I. Borbhuiya, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned counsel

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Page No.# 3/6

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appearing on behalf of the State Respondents.

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The case of the Petitioner herein is that the Petitioner is a registered owner of vehicles bearing registration No.AS-01-HC6697 (Bus), AS-01-HC-6500 (Bus), AS-25-CC-5020 (Bolero), AS-01H-6697 (Bus), AS-25-H-8030 (Scorpio), AS-01-DC-4693 (Truck) and AS-25-J-0001 (Innova) respectively which were hired by the Respondents on different dates in the year 2023-2025 for the purpose of maintaining law and order situation in Kamrup District and also released on different dates after utilizing the same for different periods of days. The Petitioner submitted his bills after release of his vehicles amounting to Rs.58,57,571/-. However, the said amount has not been disbursed to the Petitioner till date.

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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.58,57,571/- 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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Page No.# 4/6

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Mr. K. Gogoi, the learned counsel appearing on behalf of the Respondents has placed before this Court an affidavit-in-opposition filed by the respondent No.6. From a perusal of the said affidavitin-opposition, it is seen that the Respondent Authorities have admitted their liability of an amount of Rs.58,57,571/-. The details can be seen in paragraph Nos.4 & 5 of the said affidavit-inopposition which being relevant is reproduced herein under:-

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“4. That with regard to the statements made in paragraph-4 of the writ petition the deponent begs to state that the vehicles were hired for different periods for emergency situation, i.e. maintaining law & order situation etc. in Kamrup District as follows:

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SL. No.	Registration nos. of vehicle	Type of vehicle	From	To	Total days	Amount payable(Rs)
1	AS-01-HC-6679	BUS	01-08-23	31-03-24	244	6,43,574
2	AS-01-HC-6500	BUS	01-08-23	31-03-24	244	6,43,574
3	AS-01-HC-6500	BUS	01-04-24	31-07-24	122	3,21,787
4	AS-25-CC-5020	BOLERO	01-08-23	31-03-24	244	4,98,199
5	AS-25-CC-5020	BOLERO	01-04-24	31-07-24	122	2,49,100
6	AS-25-CC-5020	BOLERO	01-08-24	31-03-25	243	4,96,157
7	AS-01-HC-6697	BUS	01-04-24	31-07-24	122	3,21,787
8	AS-01-HC-6697	BUS	01-08-24	31-03-25	243	6,40,937
9	AS-25-H-8030	SCORPIO	01-12-23	31-12-23	31	67,671
10	AS-25-H-8030	SCORPIO	01-01-24	31-03-24	91	2,20,488

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11	AS-25-H-8030	SCORPIO	01-04-24	31-07-24	122	2,95,600
12	AS-25-H-8030	SCORPIO	01-08-24	31-03-25	243	5,30,457
13	AS-01-DC-4693	TRUCK	01-12-23	31-12-23	31	63,296
14	AS-01-DC-4693	TRUCK	01-01-24	31-03-24	91	1,85,804
15	AS-01-DC-4693	TRUCK	01-04-24	31-07-24	122	2,49,100
16	AS-25-J-0001	INNOVA	01-12-23	31-12-23	31	67,671
17	AS-25-J-0001	INNOVA	01-01-24	31-03-24	91	1,98,648
18	AS-25-J-0001	INNOVA	01-04-24	16-06-24	75	1,63,721
					Total	58,57,571

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The Deponent begs to state that total bill amount of the Petitioner is Rs.58,57,571/- (Rupees Fifty Eight Lakh Fifty Seven Thousand Five Hundred Seventy One) only.

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That with regards to the statements made in paragraph No. 5 of the writ petition, the deponent begs to state that the proposal of total bill amount Rs.58,57,571/- (Rupees Fifty Eight Lakh Fifty Seven Thousand Five Hundred Seventy One) only has been already submitted to Assam Police Headquarter vide office Memo No. KMP/MT/Hire-Veh/2026/728 dated 28-01-2026 for sanctioning fund, however, no fund has been received from Assam Police Headquarter to pay the petitioner. The Deponent further begs to state that as soon as funds are received, the bill amount shall be paid to the petitioner without doing any delay.

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A copy of the letter dated 28-01-2026 is

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Page No.# 6/6

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annexed herewith and marked as ANNEXURE-A .”

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Upon perusal of the materials on record, and more particularly the paragraphs quoted above, it would be seen that the Respondents therefore admit that the petitioner is entitled to the amount of Rs.58,57,571/-. 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.58,57,571/as admitted by the Respondents.

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ii) The said amount of Rs.58,57,571/- be paid to the petitioner within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.3, i.e. the Director General of Police, Assam, Ulubari, Guwahati.

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JUDGE

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Pradip Kumar Kalita

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Digitally signed by Pradip Kumar Kalita Date: 2026.05.08 15:25:15 +05'30'

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MD Anowar Hussain v. the State of Assam and 6 Ors.

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MD Anowar Hussain v. the State of Assam and 6 Ors.

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