Gauhati High Court
Administrative and Public LawCivil Procedure and Evidence

Authorities must pay admitted vehicle-hire dues within six months, subject to statutory deductions.

Kuldip Barua vs The State Of Assam And 7 Ors

Gauhati High CourtJUDGMENT: September 07, 20262 MIN READSOURCE JUDGMENT
Authorities must pay admitted vehicle-hire dues within six months, subject to statutory deductions.. Kuldip Barua vs The State Of Assam And 7 Ors. Gauhati High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, the registered owner of vehicle bearing registration No. AS-25-CC-5905, hired out his vehicle to the respondent authorities for law-and-order/public-service duties during the period from 1 January 2024 to 20 March 2024.

Source reference: p.3, paras. 2–3

After the vehicle was released, the petitioner submitted bills claiming hire charges of ₹1,18,992, but the amount remained unpaid. He submitted a representation dated 20 March 2025 seeking payment, without receiving any effective response.

Source reference: p.3, para. 4

During the proceedings, the respondents produced an instruction dated 25 June 2026 stating that the claimed amount had been forwarded to Assam Police Headquarters for necessary sanction.

Source reference: pp.4–5, paras. 5–6
02

Issues

Whether the petitioner was entitled to receive the admitted outstanding hire charges of ₹1,18,992 for the use of his vehicle by the respondent authorities.

Source reference: pp.3–6, paras. 2–8

Whether the Court should direct the respondent authorities to disburse the admitted amount within a specified period.

Source reference: p.6, para. 8
03

Law Applied

The Court applied the principle that an admitted and undisputed monetary liability of State authorities arising from the use of a private vehicle for official purposes should be duly settled and paid.

Source reference: pp.4–6, paras. 5–8

In exercise of its writ jurisdiction, the Court may issue a mandamus directing public authorities to discharge such admitted dues within a reasonable time.

Source reference: pp.4–6, paras. 5–8

No specific statutory provision or judicial precedent was cited in the judgment; the direction was based principally on the respondents’ express admission of liability and the administrative record confirming that the payment proposal had been forwarded for sanction.

Source reference: pp.4–6, paras. 5–8
04

Reasoning

The respondents’ instruction dated 25 June 2026 expressly acknowledged the petitioner’s claim of ₹1,18,992 and confirmed that the amount had been forwarded to Assam Police Headquarters for necessary sanction.

Source reference: pp.4–5, para. 6

On the basis of this admission, the Court found that the petitioner was entitled to the claimed amount.

Source reference: p.6, para. 7

Since the liability was admitted and the payment had not yet been made, the Court considered it appropriate to issue a positive direction requiring the authorities to complete the payment process rather than merely direct consideration of the petitioner’s representation.

Source reference: p.6, para. 8
05

Holding

The writ petition was disposed of with a direction to the respondent authorities to pay the petitioner the admitted amount of ₹1,18,992, subject to applicable statutory deductions.

The payment exercise was directed to be completed within six months from the date on which a certified copy of the judgment is served upon Respondent No. 3, the Director General of Police.

Source reference: p.6, para. 8(ii)

Any amount already paid during the pendency of the proceedings was to be adjusted against the amount payable.

Source reference: p.6, para. 8(iii)
Gauhati High Court

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Kuldip BaruavsThe State Of Assam And 7 Ors

Gauhati High Court · September 07, 2026

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