Page No.# 1/7 vs The State Of Assam And 5 Ors on 10 December, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                             Page No.# 1/7

GAHC010230622023




                                                       2025:GAU-AS:17115

                        THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                        Case No. : WP(C)/6113/2023

         M/S UTSHAV COMMERCIAL
         REPRESENTED BY ITS PROPRIETOR
         SRI AJAY KUMAR SINGH,
         SON OF LATTE RAM CHANDRA SINGH,
         RESIDENT OF A.P.R.O. COLONY,
         ULUBARI, B.K. KAKATI ROAD, P.O.- ULUBARI,
         P.S.- PALTANBAZAR, DISTRICT- KAMRUP(METRO),
         ASSAM, PIN- 781007.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM,
         HOME DEPARTMENT, DISPUR,
         P.O.- ASSAM SACHIVALAYA, DISTRICT- KAMRUP(METRO),
         ASSAM, PIN- 781006.

         2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          FINANCE DEPARTMENT
          DISPUR
          P.O.- ASSAM SACHIVALAYA

         DISTRICT- KAMRUP(METRO)
         ASSAM

         PIN- 781006.

         3:THE DIRECTOR GENERAL OF POLICE
         ASSAM
          ULUBARI
                                                            Page No.# 2/7

GUWAHATI
P.O.- ULUBARI

P.S.- PALTANBAZAR
 DISTRICT- KAMRUP(METRO)

ASSAM
PIN- 781007.

4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE ( T AND A P)
ASSAM
 ULUBARI
 GUWAHATI
 P.O.- ULUBARI

P.S.- PALTANBAZAR
 DISTRICT- KAMRUP(METRO)

ASSAM
PIN- 781007.

5:THE ASSISTANT INSPECTOR GENERAL OF POLICE (ADMN)
ASSAM
ASSAM POLICE HEAD QUARTERS

ULUBARI
GUWAHATI
P.O.- ULUBARI

P.S.- PALTANBAZAR
 DISTRICT- KAMRUP(METRO)

ASSAM
PIN- 781007.

6:THE ASSISTANT INSPECTOR GENERAL OF POLICE(T)
ASSAM
 ULUBARI
 GUWAHATI
 P.O.- ULUBARI

P.S.- PALTANBAZAR
 DISTRICT- KAMRUP(METRO)

ASSAM
PIN- 781007
                                                                      Page No.# 3/7

                                     BEFORE
            HONOURABLE MR. JUSTICE DEVASHIS BARUAH

For the petitioner (s)    : Mr. S. K. Sinha, Advocate

For the respondent (s)    : Ms. U. Das, addl. Sr. Govt. Advocate

  Date on which judgment is reserved           : NA

  Date of pronouncement of judgment             : 10.12.2025

  Whether the pronouncement is of the
  Operative part of the judgment?              : NA

  Whether the full judgment has been
  Pronounced?                                    : Yes


                         JUDGMENT AND ORDER (ORAL)

The instant writ petition is filed by the petitioner challenging the non-payment of the outstanding bill amount of Rs.18,96,566/- for supplying stationery materials, miscellaneous articles, spare parts of vehicles and repairing works for vehicles of the Office of the Additional Director General of Police (T&AP), Assam, Ulubari to the petitioner by the Respondent Authorities.

2. The case of the petitioner herein is that the petitioner was registered as a contractor under Groups- A, B and C in Assam Police Organization for supplying materials, spare parts of vehicles and repairing of vehicles in Assam Police Headquarters and various subordinate establishments under it. On 06.03.2020, the Assistant Inspector General of Police (Trg), Page No.# 4/7

Assam, Ulubari, Guwahati issued Tender Notice inviting the intending tenderers to supply stationery and miscellaneous articles in the Office of the Additional Director General of Police (T&AP), Assam, Ulubari, Guwahati. It is the further case of the petitioner that the petitioner was selected being the lowest tenderer to supply the aforesaid materials. The Assistant Inspector General of Police (Trg), Assam, Ulubari, Guwahati issued a number of supply/work orders from time to time including orders dated 30.04.2020 and 30.07.2020 for supplying stationery and miscellaneous articles and orders dated 25.04.2022 and 01.08.2023 for supplying spare parts of vehicles and for repairing works of vehicles. After supplying the materials and completion of works, the petitioner submitted bills along with the original copies of supply/work orders for payment to the said Assistant Inspector General of Police (Trg), Assam. On 07.08.2023, the petitioner submitted representations before the Director General of Police, Assam, Ulubari, Guwahati, the Additional Director General of Police (T&AP), Assam, Ulubari, Guwahati and the Assistant Inspector General of Police (Trg), Assam, Ulubari, Guwahati praying for payment of the outstanding bills amount for supplying stationery materials and miscellaneous articles, spare parts of vehicles and for repairing works of vehicles in the office of the aforesaid Additional Director General of Police (T&AP), Assam. However, the outstanding bills amount of the petitioner has not been paid. Hence, this instant writ petition.

3. The learned counsel appearing on behalf of the petitioner submitted Page No.# 5/7

that the petitioner has been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the outstanding bill amount of Rs.18,96,566/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner.

4. An affidavit-in-opposition has been filed by the respondent No.6, i.e. the Assistant Inspector General of Police (T), Assam, Ulubari wherein it is stated that upon verification the petitioner is entitled to an amount of Rs.10,87,398/- in total and the same has been forwarded to the sanctioning authority after proper verification and scrutiny. It is further stated in the said affidavit-in-opposition that the amount would be released to the petitioner upon approval of sanction from the sanctioning authority as well as allotment of funds required from the Government. Paragraph Nos.3(i) & 3 (ii) of the said affidavit being relevant is reproduced herein under:-

"3. That the deponent begs to state as follows:

i) The official record with regard to bills in connection with supply of several motor vehicle spare parts and vehicle repairing services for the motor vehicles of TAP office against supply/works order dtd. 25.04.2022 and 01.08.2023 received from Utsav Commercial were scrutinized, calculated & evaluated at this office. And after scrutiny and as per Page No.# 6/7

available office records, it appears that a total amount of Rs. 2,28,608/-

(Rupees Two lakhs Twenty eight thousand six hundred eight) only is the actual amount payable to the petitioner and not Rs. 4,76,000/- as mentioned in WP(C) No. 6113/2023. Out of the above amount total Rs. 2,25,034/- was sanctioned and paid to the petitioner against Bill No. BILL/202324/KAMPOL003/00180 dated 13/03/2024 (at Annexure "A").

ii) The bills for total Rs. 12,20,566/- for supply of stationary/miscellaneous articles were sent to A.P. Hqrs for process and sanction. The Proposal No. TAP /Acctts/Split-up/50/2022-23/Vol-V/81 dtd. 09.09.2022, for an amount of Rs. 87,804/- and No. TAP/Acctts/proposal/2023-24/ Vol-VI/24 dtd. 20.06.2023 for an amount of Rs. 45,364/- was sanctioned and already paid to the petitioner (at Annexure "B"). The remaining proposals for Rs. 10,87,398/- are at A.P. Hqrs. for process and sanction."

5. Upon perusal of the materials on record, and more particularly the paragraphs of the affidavit-in-opposition quoted herein above, it would be seen that the Respondents therefore admit that the petitioner is entitled to the amount of Rs. 10,87,398/-. Accordingly, the writ petition is disposed of with the following observations and directions:-

i) The petitioner is entitled to the amount of Rs. 10,87,398/- as admitted by the Respondents.

ii) The said amount of Rs. 10,87,398/- be paid to the petitioner after making such statutory deductions, if so required, within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.3, i.e. the Director General of Police, Assam, Ulubari, Guwahati.

Page No.# 7/7

(iii) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioner shall be set off while making payment to the petitioner.

JUDGE

Comparing Assistant