Facts
The petitioner, co-owner of Toyota Innova bearing registration No. AS-01-FG-8421, claimed that the respondent authorities had hired and used the vehicle for official purposes during 2023–2025, but had failed to pay outstanding hire charges of Rs.13,03,458/-.
Source reference: p.2, para. 2; p.3, para. 3The State respondents, in their affidavit-in-opposition, stated that the petitioner had submitted twelve hire-charge bills and acknowledged that Rs.17,94,026/- was payable in total. Since Rs.5,65,023/- had already been paid, the respondents admitted a balance liability of Rs.12,29,003/-.
Source reference: pp.4–7, para. 5The unpaid bills had been forwarded to the sanctioning authority for approval and release of funds.
Source reference: pp.6–7, para. 5The petitioner therefore sought directions for payment of the admitted dues.
Source reference: p.3, para. 4Issues
1. Whether the petitioner was entitled to payment of the admitted outstanding hire charges for the vehicle hired by the respondent authorities.
Source reference: pp.4–7, para. 52. Whether the Court should direct the respondents to release the admitted amount of Rs.12,29,003/- and, if so, within what period and subject to what adjustments.
Source reference: p.8, para. 6Law Applied
The Court applied the principle that a public authority may be directed in writ jurisdiction to discharge an admitted and undisputed monetary liability.
Source reference: no citationThe admitted amount was subject to permissible statutory deductions, and any payment already made during the pendency of the proceedings was liable to be adjusted or set off against the outstanding dues.
Source reference: p.8, para. 6(ii)–(iii)Reasoning
The Court examined the respondents’ affidavit and found that the liability was no longer disputed.
Source reference: pp.4–7, para. 5Although the petitioner had claimed Rs.13,03,458/-, the respondents’ scrutiny of the bills established that the total amount payable was Rs.17,94,026/-, out of which Rs.5,65,023/- had already been paid, leaving Rs.12,29,003/- outstanding.
Source reference: pp.4–7, para. 5Since the respondents expressly admitted the balance liability and had already processed the remaining bills for sanction, the Court considered it appropriate to direct payment rather than require the petitioner to pursue an alternative claim.
Source reference: p.8, para. 6The direction was qualified by permissible statutory deductions and adjustment of any further payments made during the writ proceedings.
Source reference: p.8, para. 6Holding
The writ petition was disposed of with a direction that the petitioner be paid the admitted amount of Rs.12,29,003/-, after making applicable statutory deductions, if any.
The payment was directed to be made within six months from the date on which a certified copy of the order is served upon the Director General of Police, Assam.
Source reference: p.8, para. 6(i)Any amount paid during the pendency of the writ petition towards the petitioner’s dues was to be set off against the amount payable.
Source reference: p.8, para. 6(ii)–(iii)Original Court PDF
Sri Kakumoni SaikiavsThe State Of Assam And Othrs
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