Gauhati High Court

State must disburse admitted liabilities for hired vehicles within a defined period to prevent petitioner hardship.

Md Anowar Hussain vs The State Of Assam And 6 Ors.

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

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. 3

After the release of the vehicles, the Petitioner submitted bills totaling ₹58,57,571, which remained unpaid despite repeated follow-ups

Source reference: p. 3

The Petitioner approached the High Court seeking a writ of mandamus for the disbursement of the outstanding dues

Source reference: p. 3

The Respondent No. 6 (Superintendent of Police, Kamrup) filed an affidavit-in-opposition admitting the full liability of ₹58,57,571

Source reference: p. 4-5
02

Issues

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. 4-5
03

Law Applied

The Court applied the principle of State liability and the doctrine of Mandamus regarding admitted contractual dues.

Source reference: p. 5-6

The 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. 3

The judgment relies on the constitutional obligation of the State to discharge admitted financial liabilities where the service rendered is undisputed

Source reference: p. 5-6
04

Reasoning

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. 4-5

The 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. 5

The 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, 5
05

Holding

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. 6
Gauhati High Court

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Md Anowar HussainvsThe State Of Assam And 6 Ors.

Gauhati High Court · May 06, 2026

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