Gauhati High Court

State is liable to pay admitted outstanding hire charges for requisitioned vehicles within a stipulated period.

Rekibul Islam vs The State Of Assam And 4 Ors

Gauhati High CourtJUDGMENT: May 06, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner, a vehicle-hire business owner, provided a Maruti Gypsy (Reg. No. AS-01-DR-4194) to the Respondent authorities for Government use during various periods between 2022 and 2024

Source reference: p. 3

The hire charges were fixed as per a Government Notification dated 06.02.2014

Source reference: p. 3

While the Petitioner claimed an outstanding amount of ₹8,40,879/-, the Respondents failed to disburse the payment despite repeated follow-ups

Source reference: p. 3

During the proceedings, the Respondents (via a communication dated 16.12.2025) admitted a liability of ₹7,53,036/-, asserting that the Petitioner had over-calculated his claim by ₹87,843/-

Source reference: p. 4-5
02

Issues

1. Whether the Petitioner is entitled to the recovery of admitted outstanding hire charges for the vehicle utilized by the State Respondents

Source reference: p. 4/para. 4

2. Whether the Court should direct a time-bound disbursement of the admitted amount

Source reference: p. 6/para. 5
03

Law Applied

The Court applied the principle of State liability regarding contractual/statutory obligations for services rendered.

Source reference: p. 3-4

It relied on the administrative duty of the State to discharge admitted liabilities without causing undue hardship to citizens.

Source reference: p. 3-4

Reference was made to the Transport Department Notification dated 06.02.2014, which governs the rate of hire charges for private vehicles requisitioned or hired for Government duties.

Source reference: p. 3
04

Reasoning

The Court noted that there was no dispute regarding the utilization of the Petitioner’s vehicle for the specified periods between 2022 and 2024

Source reference: p. 3

While the Petitioner’s claim was slightly higher, the Respondents submitted a formal communication (marked as "X") through the Deputy Commissioner of Police (Crime), Guwahati, which explicitly admitted a total liability of ₹7,53,036/- spread across eight specific bills

Source reference: p. 4-5

The Court observed that proposals for sanction and allotment of funds had already been forwarded to the Assam Police Headquarters (Respondent No. 3), but the payment remained pending due to administrative delays at the Government level

Source reference: p. 6

Consequently, the Court found that the Petitioner’s right to receive the admitted payment was established and that the State’s failure to pay was causing "prejudice" and "hardship"

Source reference: p. 4
05

Holding

The Court disposed of the writ petition by holding that the Petitioner is entitled to the admitted amount of ₹7,53,036/-

The Court directed Respondent No. 3 (Director General of Police, Assam) to ensure the payment of the said amount to the Petitioner within a period of six months from the date of service of the certified copy of the order

Source reference: p. 7/para. 5(ii)
Gauhati High Court

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Rekibul IslamvsThe State Of Assam And 4 Ors

Gauhati High Court · May 06, 2026

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