The Gauhati High Court has held that where private vehicles were admittedly taken on hire by government authorities, the owner would be entitled to the amounts due upon proper verification of the claims.

Justice Devashis Baruah observed, “as it is an admitted fact that the Petitioner's vehicles were taken on hire by the Respondent Authorities, the Petitioner would be entitled to the amounts due upon proper verification of the claims.”

The observation came in a writ petition filed under Article 226 of the Constitution by Sri Saranga Das, who was aggrieved by the alleged inaction of the respondent authorities in not making payment of the amount claimed by him.

The petitioner was the owner of several vehicles which were hired by the respondent authorities on different dates between 2022 and 2024 for emergency purposes, including maintenance of law and order.

The vehicles were subsequently released after being utilised by the authorities. The petitioner thereafter submitted bills totalling Rs. 82,91,075, but alleged that the amount had not been released despite repeated approaches.

The State submitted that although the vehicles were hired by the Police Commissionerate for maintenance of law and order, while verifying the bills it was found that the petitioner had not submitted up-to-date Registration Certificates and insurance documents along with GST (3B) Forms, Driving Licences and Declaration Certificates.

The Court was informed that the petitioner had been asked to submit the correct documents for further verification.

The High Court noted that it was an admitted fact that the petitioner's vehicles had been taken on hire by the respondent authorities.

It held that the petitioner would therefore be entitled to the amounts due upon proper verification of the claims and said that such verification would be carried out upon submission of the Registration Certificates, Insurance, GST (3B) Forms, Driving Licence and Declaration Certificates.

After the petitioner's counsel submitted that the necessary documents would be furnished, the Court disposed of the writ petition with directions to the petitioner to submit the required documents along with a certified copy of the judgment to the Office of the Director General of Police.

The Court further directed, “Upon receipt of the said documents along with the certified copy of this judgment, the Respondents shall verify the entitlement of the Petitioner and upon verification, if it is found that the Petitioner is entitled to the amount so claimed or any other amount, the said amount be paid to the Petitioner.”

It directed that the entire exercise be completed within six months from the date of submission of the documents and the certified copy of the judgment before the Director General of Police, Assam.

Case Title: Sri Saranga Das v. The State of Assam & Ors.

LL Citation: 2026 LiveLaw (Gau) 173

Case No.: WP(C)/333/2026

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