Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 4 Ors on 23 July, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010265312024
2025:GAU-AS:9463
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No.: WP(C)/6826/2024
JAKIR HOSSAIN
S/O AFZAL HOSSAIN AHMED
RESIDENT OF BERABHANGA
PO AND PS SUKCHAR
DIST SOUTH SALMARA MANKACHAR
ASSAM 783135
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
DISPUR GUWAHATI 06
2:THE PRINCIPAL SECRETARY
TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT
DEPARTMENT DISPUR GUWAHATI 06
3:THE CHAIRMAN OF SCREENING COMMITTEE CUM SECRETARY
TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT
DEPARTMENT DISPUR GUWAHATI 06
4:THE DISTRICT COMMISSIONER
SOUTH SALMARA MANKACHAR DISTRICT PO HATSINGIMARI
DIST SOUTH SALMARA MANKACHAR
ASSAM 783135
5:THE CIRCLE OFFICER
MANKACHAR REVENUE CIRCLE
MANKACHAR
PO MANKACHAR
Page No.# 2/5
DIST SOUTH SALMARA MANKACHAR ASSAM 783131
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For the petitioner : Mr. R. Islam, Advocate
For the respondents : Mr. A. Bhattacharyya, SC, Revenue
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 23.07.2025
Date of Judgment : 23.07.2025
JUDGMENT AND ORDER (ORAL)
The instant writ petition is filed by the petitioner challenging the
non-payment of the contractual bill of Rs.24,96,753.78p for the work
awarded to him vide the quotation dated 12.05.2016 issued by the
Deputy Commissioner, South Salmara Mankachar District for
supplying the good quality of common/grade-A/local (Raw) variety of
rice, Masur dal (Big/Small) variety, Mustard Oil (with brand name) of
15 liters tin, Iodised salt, Chira, Gur, polythene sheet, Tarpaulin (size
15'X12', 15'X18'), Cattle feed (wheat bran), Baby food (Cerelac) etc.
for distribution amongst the flood/erosion and other natural calamities
affected people of South Salmara Mankachar District for a period of
one year up to 31.03.2017 from the date of settlement under the terms
and conditions mentioned in the said quotation.
2. The case of the petitioner herein is that pursuant to the quotation
Page No.# 3/5
dated 12.05.2016, he submitted his quotation along with all the required
documents before the authority concerned. It is stated that pursuant to
the acceptance of the quotation(s) of the petitioner, several intent orders
were issued by the Deputy Commissioner, South Salmara Mankachar
District in favour of the petitioner in two dates, i.e. on 27.07.2016 and
28.07.2016 respectively directing the petitioner to supply the G.R. items
and hand over the same to the Assistant Director, FCS & CA,
Hatsingimari. Accordingly, the petitioner supplied the same and
thereafter submitted bills against each intent order amounting to
Rs.24,96,753.78p before the respondent authorities. However, the said
amount has not been disbursed to him till date.
3. The learned counsel appearing on behalf of the petitioner submitted
that the petitioner filed a writ petition before this Court being WP(C)
No.460/2018 and the said writ petition was disposed of vide the
common judgment and order dated 28.05.2018 passed in a bunch of
writ petitions directing the respondent authorities to examine the claim
of the petitioner and pass appropriate order indicating the amount
payable to the petitioner within a period of 4 months.
4. It is further submitted by the learned counsel for the petitioner that
after obtaining the certified copy of the said judgment and order dated
28.05.2018, the petitioner submitted the same before the concerned
authority. It is submitted that the respondent No.2 expressed its inability
to make payment against such claim of the petitioner in view of the
findings of the Divisional Commissioner, Lower Assam Division vide
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enquiry report submitted on 16.09.2017 and also due to the fact that the
findings of the enquiry conducted by the Chief Minister's Special
Vigilance Cell is yet to be received by the Department. Hence, the
petitioner has approached this Court by filing this writ petition.
5. Mr. A. Bhattacharyya, the learned Standing Counsel appearing on
behalf of the Revenue Department submitted that necessary verification
process is going on as regards the entitlement of the petitioner of an
amount of Rs.24,96,753.78p and in that regard placed an instruction
before this Court which is kept on record and marked with the letter
"X".
6. Upon perusal of the materials on record, this Court is of the opinion
that if the petitioner had made the supply pursuant to the supply orders
issued, the petitioner would be entitled to the amount as claimed.
However, for the same, verification on the part of the Respondent
Authorities would be required.
7. This Court, therefore, disposes of the instant writ petition with the
following observations and directions:-
i) The Respondent Authorities shall verify as to whether the
petitioner had successfully executed the work, i.e. for supplying
the good quality of common/grade-A/local (Raw) variety of rice,
Masur dal (Big/Small) variety, Mustard Oil (with brand name) of
15 liters tin, Iodised salt, Chira, Gur, polythene sheet, Tarpaulin
(size 15'X12', 15'X18'), Cattle feed (wheat bran), Baby food
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(Cerelac) etc. as per the terms and conditions of the quotation
dated 12.05.2016.
ii) The Respondent Authorities shall also verify as to whether
the petitioner had submitted the requisite documents which are
required for the purpose of releasing the outstanding amount as
claimed by the petitioner.
iii) The Respondent Authorities shall also verify the entitlement
of the petitioner to the outstanding dues, and if upon verification
in the manner stated above, it is found that the petitioner is
entitled to any such amount, the Respondent Authorities shall pay
the same to the petitioner.
iv) The said exercise be completed within a period of 6 (six)
months from the date a certified copy of the instant order is served
upon respondent No.2, i.e. the Principal Secretary to the
Government of Assam, Revenue & Disaster Management
Department, Dispur, Assam.
JUDGE
Comparing Assistant
