Smti Pranati Debnath vs The State Of Assam And 8 Ors on 13 July, 2026

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    Gauhati High Court

    Smti Pranati Debnath vs The State Of Assam And 8 Ors on 13 July, 2026

    Author: Sanjay Kumar Medhi

    Bench: Sanjay Kumar Medhi

                                                                      Page No.# 1/4
    
    GAHC010273772025
    
    
    
    
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                          THE GAUHATI HIGH COURT
      (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
    
                              Case No. : WP(C)/276/2026
    
             SMTI PRANATI DEBNATH
             W/O- RATAN CH. NATH DAS, RESIDENT OF WARD NO. 3, BIDHANPALLY,
             P.O. KOKRAJHAR, P.S. AND DIST. KOKRAJHAR, ASSAM, PIN- 783370.
    
             VERSUS
    
             THE STATE OF ASSAM AND 8 ORS
             REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT
             OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-06.
    
             2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM
              DISPUR
              GUWAHATI-6.
    
             3:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
              STATE HOME DEPARTMENT
              DISPUR
              GUWAHATI-6.
    
             4:THE DIRECTOR GENERAL OF POLICE
             ASSAM
              B.K. KAKATY ROAD
              ULUBARI
              GUWAHATI-7.
    
             5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMN)
             ASSAM
              B.K. KAKOTY ROAD
              ULUBARI
              GUWAHATI-7.
    
             6:THE ADDITIONAL INSPECTOR GENERAL OF POLICE (ADMN)
             ASSAM
              B.K. KAKOTY ROAD
                                                                                   Page No.# 2/4
    
                 ULUBARI
                 GUWAHATI-7.
    
                7:THE COMMISSIONER OF POLICE
                 GUWAHATI
                ASSAM
    
                8:THE DISTRICT MAGISTRATE-CUM- DEPUTY COMMISSIONER
                 KAMRUP METRO
                 (LAW AND ORDER)
                 DIST. KAMRUP METRO
                ASSAM
    
                9:THE MOTOR TRANSPORT OFFICER (M.T.O)
                 KAMRUP METRO
    
                 ASSA
    
    Advocate for the Petitioner   : MR. J I BORBHUIYA, MR. N ALI,MR A HOSSAIN
    
    Advocate for the Respondent : GA, ASSAM,
    
    
    
    
                                       BEFORE
                      HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
    
                                               ORDER
    

    13.07.2026

    Heard Shri J.I. Borbhuiya, learned counsel for the petitioner. Also heard Shri M.
    Chetia, learned State Counsel.Considering the subject matter involved and the stand
    of the respondents in the affidavits, the instant writ petition is taken up for disposal at
    the admission stage.

    SPONSORED

    As per the facts projected, the petitioner is the registered owner of vehicles
    bearing registration nos. AS-16-G-3637 (M/Thar), AS-16-F-5419 (Scorpio) and AS-16-
    G-1025 (Bolero).The said vehicles were hired by the respondentsin the period 2021 to
    2024 for which bills were raised amounting to Rs.33,80,376/- (Rupees Thirty Three
    Lakh Eighty Thousand Three Hundred Seventy Six) only.However,the same were not
    Page No.# 3/4

    released and accordingly, the writ petition has been filed.

    Shri Borbhuiya, the learned counsel has submitted that the amount involved is
    legally entitled to by the petitioner and therefore, a direction be issued in this regard.

    Shri Chetia, the learned State Counsel has however submitted that out of the
    aforesaid amount, an amount of Rs.2,35,256/-(Rupees Two Lakh Thirty Five Thousand
    Two Hundred Fifty Six) onlyhas already been paid to the petitioner. He has also
    submitted that on verification, it has been found that presently an amount of
    Rs.30,68,072/- (Rupees Thirty Lakh Sixty Eight Thousand Seventy Two) onlyis found
    due.

    On the issue of a claim of contractual bills to be entertained by a Writ Court, the
    Hon’ble Full Bench in the case of Tamsher Ali vs. State of Assam reported in 2008
    (4) GLT 1 has endorsed the principles laid down in the earlier case of Jatin Pathak:

    “i) All claims for payment of outstanding dues would be entertained for
    consideration provided the same are admitted by the respective departments.

    The admissions of liability shall have to be certified by the respective Chief
    Engineer in respect of Works Departments and in respect of other departments
    by the Head of the departments.

    ii) All claims for payment of admitted outstanding dues would be entertained for
    payment provided the claims are lodged before the competent authority within
    a period of three years from the date of the payment becoming due.

    iii) All claims for payment of admitted outstanding dues in respect of which the
    contractors intend or have approached the Hon’ble Court, in such cases, the
    contractors must approach the Hon’ble High Court within a period of 3 years
    from the date of the payment becoming due. This view has been taken as the
    Hon’ble Apex Court in the State of Madhya Pradesh Vs. BhailalBhai and Ors.
    reported in AIR 1964 SC 1006 at Para 21 has observed that though provisions
    of Limitation Act do not as such apply to proceedings under Article 226, the
    period of Limitation prescribed by Limitation Act for instituting a civil action may
    ordinarily be taken to be a reasonable standard by which delay in seeking
    remedy under Article 226 can be measured. ”

    In the instant case, it is seen that in the affidavit-in-opposition filed by the
    respondent no. 7 on 15.06.2026, an admission has been made to the extent of an
    Page No.# 4/4

    amount of Rs.30,68,072/-(Rupees Thirty Lakh Sixty Eight Thousand Seventy Two)
    only.For ready reference, the relevant pleadings are extracted herein below:

    “(ii) Scrutiny of the bills further, reveals that petitioner in violation of the per
    diem rate fixed by the Govt. of Assam, Transport Department has claimed per
    diem rate as Rs.1450/- (Rupees One Thousand Four Hundred Fifty) only instead
    of Rs.990/- (Rupees Nine Hundred Ninety) only. Accordingly, the remaining 19
    (nineteen) No’s of bills were re-examined and corrected by deducting the
    excess forwarded to the sanctioning authority to accord Financial Sanction of
    Rs.30,68,072/- (Rupees Thirty Lakh Sixty Eight Thousand Seventy Two) only in
    2 (two) proposals. As a result of the corrections in few bills an amount of
    Rs.77,048/- (Rupees Seventy Seven Thousand Forty Eight) only have been
    deducted. Therefore, the petitioner should be entitled an amount of
    Rs.30,68,072/- (Rupees Thirty Lakh Sixty Eight Thousand Seventy Two). The
    details of the proposals showing bills are as follows:-

    …”

    Considering the above, this Court is of the opinion that the petitioner is entitled
    to a direction for release of the contractual bills in accordance with the principles laid
    down by the Hon’ble Full Bench which would require placing of the petitioner in the
    chronological list as per seniority.Let such exercise be undertaken and completed
    expeditiously and preferably within a period of 6 (six) months from the date of receipt
    of a certified copy of this order.

    Writ petition stands disposed of.

    JUDGE

    Comparing Assistant



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