Mandamus issued to satisfy admitted outstanding hire charges for requisitioned vehicles subject to administrative verification.

The Petitioner, an entrepreneur providing vehicles for hire, owned three vehicles (Scorpio, Innova, and Tata Sumo) which were requisitioned/hired by the Assam Police Commissionerate at various intervals between 01.01.2022 and 31.12.2024

According to the Petitioner, the Respondent Authorities maintained car diaries and log books, generated draft hire charge bills amounting to Rs. 51,48,673/-, and shared them with the Petitioner for verification and signature

Despite the re-submission of these verified bills to the Commissioner of Police, Guwahati, the authorities failed to release the payment

The Petitioner approached the High Court seeking a writ of mandamus for the release of pending dues

1. Whether the Petitioner is entitled to the release of hire charges for vehicles requisitioned by the State authorities

2. Whether the court should direct a time-bound verification and payment process for the claimed outstanding dues

The Court's decision is grounded in the principles of administrative accountability and the State's obligation to fulfill contractual/requisition liabilities under Article 226 of the Constitution of India

Notification dated 06.02.2014 issued by the Transport Department, Government of Assam, which prescribes the fixed rates for hired vehicles

The court also applied the evidentiary principle that admitted requisition of private property by the State necessitates just compensation/payment based on verified records (log books and car diaries)

The Court observed that the Respondents did not deny the fact that the Petitioner's vehicles were requisitioned

The State contended that the exact entitlement is subject to administrative verification

The Court reasoned that if the vehicles were indeed utilized by the authorities during the specified period (2022–2024), the Petitioner has a legal right to receive the hire charges at the government-notified rates

To resolve the impasse, the Court bridged the gap between the Petitioner’s claim and the State’s procedural requirements by mandating a verification process. This process requires the authorities to cross-reference the Petitioner's claims with internal documents such as requisition orders and submitted bills to determine the final amount payable

The Court held that if the Petitioner is found entitled to the dues upon verification, the Respondents must release the payment

The Court ordered that this entire exercise, including payment, must be completed within six months from the date the Director General of Police, Guwahati, is served with a certified copy of the order