Disposed¶42

MD Lutfur Rahman v. the State of Assam and 6 Ors.

Gauhati HC5 May 2026WP(C)/6552/2025

Case brief

AI extract

What is this about?

Vehicle hire charges recovery; writ petition by registered owner of three Bolero vehicles hired by Assam authorities (2023-2025) for law-and-order duties in Kamrup District; admitted unpaid liability of Rs.22,39,855/-; SP Kamrup affidavit admits dues, fund sanction proposal pending with Assam Police Headquarter (Office Memo No. KMP/MT/Hire-Veh/2026/729 dated 28-01-2026); Gauhati High Court disposes WP(C)/6552/2025 (Devashis Baruah, J., 06.05.2026) directing payment within six months of certified copy served on DGP Assam (respondent No.3).

What did the court decide?

Payment of Rs.22,39,855/- to the petitioner within 6 (six) months from the date a certified copy of the order is served upon respondent No.3, the Director General of Police, Assam, Ulubari, Guwahati. ¶42

MD Lutfur Rahman Vs the State of Assam and 6 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Payment of Rs.22,39,855/- to the petitioner within 6 (six) months from the date a certified copy of the order is served upon respondent No.3, the Director General of Police, Assam, Ulubari, Guwahati.

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Issue for consideration

Whether the Respondent Authorities are liable to pay the admitted amount of Rs.22,39,855/- to the Petitioner for the hire of his vehicles deployed for maintenance of law and order in Kamrup District.

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Court's answer

On perusal of the materials on record, particularly the paragraphs of the affidavit-in-opposition reproduced in the judgment, the Respondents admit that the petitioner is entitled to the amount of Rs.22,39,855/-.

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Ratio / Principle

The petitioner is entitled to the amount of Rs.22,39,855/- as admitted by the Respondents.

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Key takeaways

The admitted amount of Rs.22,39,855/- shall be paid to the petitioner within a period of 6 (six) months from the date a certified copy of the order is served upon respondent No.3, i.e. the Director General of Police, Assam, Ulubari, Guwahati.ratio¶46

Detailed headnote1 paragraphs

Gauhati High Court (Devashis Baruah, J.), WP(C)/6552/2025, pronounced 06.05.2026: The petitioner, registered owner of three Bolero vehicles (AS-25-BC-3934, AS-25-G-7213, AS-25-CC-5036), claimed unpaid hire charges of Rs.22,39,855/- for vehicles hired by State authorities on different dates in 2023-2025 for maintaining law and order in Kamrup District. In its affidavit-in-opposition, respondent No.6 (Superintendent of Police, Kamrup) admitted the liability of Rs.22,39,855/-, setting out period-wise hire particulars, and stated that a proposal for sanction of funds had been submitted to Assam Police Headquarter vide Office Memo No. KMP/MT/Hire-Veh/2026/729 dated 28-01-2026, with payment promised on receipt of funds. Holding that the Respondents thereby admit the petitioner's entitlement, the Court disposed of the writ petition directing payment of Rs.22,39,855/- within six months from service of a certified copy of the order upon respondent No.3, the Director General of Police, Assam, Ulubari, Guwahati.

Page No.# 1/6

GAHC010250582025

2026:GAU-AS:6213

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

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Case No. : WP(C)/6552/2025

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MD LUTFUR RAHMAN SON OF LATE JABBAR ALI RESIDENT OF VILL- SANIADI, HAJO, P.O. SANIADI, P.S. HAJO, DIST. KAMRUP, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM HOME DEPARTMENT DISPUR GUWAHATI-6.

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3:THE DIRECTOR GENERAL OF POLICE

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ASSAM B.K. KAKATY ROAD

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ULUBARI GUWAHATI-7.

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4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE

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(ADMN) ASSAM B.K. KAKOTY ROAD ULUBARI GUWAHATI- 7

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Page No.# 2/6

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5:THE DISTRICT MAGISTRATE-CUM-DEPUTY COMMISISONER

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KAMRUP AMINGAON (LAW AND ORDER) DIST. KAMRUP ASSAM

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6:THE SUPERINTENDENT OF POLICE

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KAMRUP AMINGAON ASSAM

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7:THE MOTOR TANSPORT OFFICER

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KAMRUP ASSA

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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For the Petitioner(s) : Mr. J. I. Borbhuiya, Advocate 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 : 06.05.2026

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Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been Pronounced? : Yes

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Page No.# 3/6

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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 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-25-BC-3934 (Bolero), AS-25-G-7213 (Bolero), and AS-25-CC-5036 (Bolero) 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. The Petitioner submitted his bills after release of his vehicles amounting to Rs.22,39,855/-. 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.22,39,855/- 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

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Page No.# 4/6

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approached this Court by filing the instant writ petition.

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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.22,39,855/-. 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 indicated below:

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SL. No.	Registration nos. of vehicle	Type of vehicle	From	To	Total No. days	Amount payable(Rs)
1	AS-25-BC-3934	Bolero	01-08-23	31-03-24	244	4,98,199
2	AS-25-BC-3934	Bolero	01-04-24	31-07-24	122	2,49,100
3	AS-25-G-7213	Bolero	01-08-23	31-03-24	244	4,98,199
4	AS-25-CC-5036	Bolero	01-12-23	31-12-23	31	63,296
5	AS-25-CC-5036	Bolero	01-01-24	31-03-24	91	1,85,804

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Page No.# 5/6

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6	AS-25-CC-5036	Bolero	01-04-24	31-07-24	122	2,49,100
7	AS-25-CC-5036	Bolero	01-08-24	31-03-25	243	4,96,157
				Total		22,39,855

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The Deponent begs to state that the total bill amount of the Petitioner is Rs.22,39,855/- (Twenty two lakhs thirty nine thousand eight hundred fifty five rupees) 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.22,39,855/- (Rupees Twenty Two Lakhs Thirty Nine Thousand Eight Hundred Fifty Five) only has been already submitted to Assam Police Headquarter vide office Memo No. KMP/MT/Hire-Veh/2026/729 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 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.22,39,855/-. Accordingly, the writ petition is disposed

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Page No.# 6/6

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of with the following observations and directions:-

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i) The petitioner is entitled to the amount of Rs.22,39,855/- as admitted by the Respondents.

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ii) The said amount of Rs.22,39,855/- 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 15:21:12 +05'30'

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Comparing Assistant

MD Lutfur Rahman v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

MD Lutfur Rahman v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Parties & counsel

Coram

Case details

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