Facts
The Petitioner, a registered owner of several vehicles (buses, trucks, and SUVs), provided these vehicles to the State Respondents on hire between 2023 and 2025 for maintaining law and order in Kamrup District
Source reference: p. 3After the release of the vehicles, the Petitioner submitted bills totaling ₹58,57,571, which remained unpaid despite repeated follow-ups
Source reference: p. 3The Petitioner approached the High Court seeking a writ of mandamus for the disbursement of the outstanding dues
Source reference: p. 3The Respondent No. 6 (Superintendent of Police, Kamrup) filed an affidavit-in-opposition admitting the full liability of ₹58,57,571
Source reference: p. 4-5Issues
1. Whether the Petitioner is entitled to a court direction for the immediate release of admitted outstanding dues for services rendered to the State
Source reference: p. 4-5Law Applied
The Court applied the principle of State liability and the doctrine of Mandamus regarding admitted contractual dues.
Source reference: p. 5-6The court exercised its jurisdiction under Article 226 of the Constitution of India to ensure the Respondents discharged their duties in accordance with law
Source reference: p. 3The judgment relies on the constitutional obligation of the State to discharge admitted financial liabilities where the service rendered is undisputed
Source reference: p. 5-6Reasoning
The Court’s reasoning centered on the Respondents' explicit admission of liability. In the affidavit-in-opposition, Respondent No. 6 provided a detailed itemized table confirming the hire periods and the total payable amount of ₹58,57,571
Source reference: p. 4-5The Respondents further admitted that a proposal for the sanction of funds had already been submitted to the Assam Police Headquarters on 28-01-2026, but the payment was delayed solely due to the non-receipt of funds
Source reference: p. 5The Court determined that since the debt was "admitted," there was no factual dispute to be adjudicated, and the Petitioner was suffering undue hardship due to the administrative delay in fund allocation
Source reference: p. 3, 5Holding
The High Court allowed the writ petition, holding that the Petitioner is entitled to the admitted amount of ₹58,57,571
The Court directed the Respondents to pay the said amount within a period of 6 (six) months from the date a certified copy of the order is served upon the Director General of Police, Assam (Respondent No. 3)
Source reference: p. 6Original Court PDF
Md Anowar HussainvsThe State Of Assam And 6 Ors.
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