Gauhati High Court
M/S Abhijit Auto Agency (I) Pvt. Ltd vs The State Of Assam And 2 Ors on 13 May, 2024
Author: Nelson Sailo
Bench: Nelson Sailo
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GAHC010150202022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4994/2022
M/S ABHIJIT AUTO AGENCY (I) PVT. LTD.
A COMPANY DULY REGISTERED IN TERMS OF THE PROVISIONS OF THE
COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AND
SHOWROOM AT VILL- SORUSAJAI, NEAR SPORTS COMPLEX, NH-37,
GUWAHATI-781034 AND IS REPRESENTED BY ITS DULY AUTHORIZED
DIRECTOR, SRI VIJAY KUMAR JASRASARIA S/O LATE CHIRANGILAL
JASRASARIA
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
AGRICULTURE, ANIMAL HUSBANDRY AND VETERINARY DEPARTMENT,
KRISHI BHAWAN, G.S. ROAD, KHANAPRA, GUWAHATI-781022, ASSAM
2:THE DIRECTOR OF AGRICULTURE
KRISHI BHAWAN
G.S. ROAD
KHANAPARA
GUWAHATI-781022
ASSAM
3:THE CHIEF ENGINEER
AGRICULTURE
KRISHI BHAWAN
G.S. ROAD
KHANAPARA
GUWAHATI- 781022
ASSA
Advocate for the Petitioner : MR. N ANIX SINGH
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Advocate for the Respondent : SC, AGRI. DEPARTMENT
BEFORE
HONOURABLE MR. JUSTICE NELSON SAILO
ORDER
Date : 13-05-2024
Heard Mr. N.A. Singh, learned counsel for the petitioner and Ms. G. Bora,
learned counsel who has appeared for all the respondents.
2. By filing this writ petition, the petitioner claims for release of a sum of
Rs.6,29,901.00 (Rupees Six Lakhs Twenty Nine Thousand Nine Hundred and
One) which is due to him for supply of TATA commercial vehicles to the
beneficiaries under a certain scheme. It is the case of the petitioner that the
vehicles are given to the beneficiaries at the subsidized rate. The beneficiaries
pay for a certain amount of the price of the vehicles and the remaining balance
in the form of subsidy is to be paid by the State Government in the Agriculture
Department.
3. The learned counsel for the petitioner has drawn the attention of this
Court to the amount due to the petitioner as worked out by the petitioner which
is annexed as Annexure-IV, page-20 of the writ petition.
4. Ms. G. Bora, learned counsel for the respondents submits that she may be
given some time to obtain instructions in the matter.
5. Mr. N.A. Singh, learned counsel for the petitioner on the other hand
submits that if certain amount has already been disbursed to the petitioner, the
respondents will be at liberty to deduct the same from the final amount to be
paid to the petitioner.
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6. Be stated herein that a Full Bench judgment of this Court in Tamsher Ali
and Etc. Etc. Vs. State of Assam and Ors. reported in 2008 (4) GLT 1 has laid
down certain steps and guidelines for verifying and releasing the admitted
liability of the State Government. Therefore, this Court does not find any
impediment in disposing of this writ petition in terms of Tamsher Ali (supra).
7. In view of the above, the respondent authorities within a period of 4
(Four) weeks from the date of receipt of certified copy of this order shall verify
the claim made by the petitioner regarding the outstanding liability and if the
same is found to be correct and genuine, the same shall be processed in
accordance with law in terms of the decision rendered by this Court in Tamsher
Ali (supra).
8. With the above observations and directions this writ petition stands
disposed of.
9. It is needless to mention herein that if there is any amount paid to the
petitioner in the meantime, the respondents are at liberty to deduct the same.
JUDGE
Comparing Assistant
