Page No.# 1/4 vs The State Of Assam And 2 Ors
2025 Latest Caselaw 8443 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 2 Ors on 10 November, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                     Page No.# 1/4

GAHC010112122024




                                                               2025:GAU-AS:15216

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

                             Case No. : WP(C)/2940/2024

          E-SQUARE
          A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT DR. HUZE ROAD,
          MARWARI PATTY, NAGAON- 782001 AND IS REPRESENTED BY ITS
          PROPRIETOR SHRI SIDDARTHA TIBREWAL, SON OF SURESH KUMAR
          TIBREWALA, AGED ABOUT 47 YEARS, RESIDENT OF DR. HUZE ROAD,
          MARWARI PATTY, NAGAON- 782001, ASSAM



          VERSUS

          THE STATE OF ASSAM AND 2 ORS
          REPRESENTED BY COMMISSIONER AND SECRETARY, GENERAL
          ADMINISTRATION DEPARTMENT, GOVERNMENT OF ASSAM, BLOCK-A,
          2ND FLOOR, JANATA BHAWAN, DISPUR, GUWAHATI, ASSAM- 781006

          2:DEPUTY COMMISSIONER AND DISTRICT CENSUS OFFICER
           OFFICE OF THE DEPUTY COMMISSIONER
           NAGAON IN THE DISTRICT OF NAGAON- 781309
          ASSAM

          3:ADDITIONAL DEPUTY COMMISSIONER AND DISTRICT CENSUS
          OFFICER
           OFFICE OF THE DEPUTY COMMISSIONER
           NAGAON IN THE DISTRICT OF NAGAON- 781309
          ASSA

                                    BEFORE
           HONOURABLE MR. JUSTICE DEVASHIS BARUAH

Advocate for the petitioner (s) : Mr. M. Sahewalla, Advocate
                                                                          Page No.# 2/4

Advocate for the respondent (s) : Mr. K. Gogoi
                                  Addl. Senior Govt. Advocate

Date on which judgment is reserved             : NA

Date of pronouncement of judgment              : 10.11.2025

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

Whether the full judgment has been
Pronounced?                                     : Yes


                     JUDGMENT AND ORDER (ORAL)

Heard Mr. M. Sahewalla, the learned counsel appearing on behalf of the petitioner. Mr. K. Gogoi, the learned Additional Senior Government Advocate appears on behalf of the respondents.

2. The petition herein is aggrieved by the non-payment of an amount of Rs.11,91,250/- in respect of the supply made in pursuance to the work order for supply of Computer Sets in connection with the Census-2020 under Nagaon District.

3. The record reveals that the respondents have duly admitted the said amount payable to the petitioner. But the said amount has not been paid to the petitioner on account of the funds not being available.

4. When the matter was listed before this Court on 24.09.2025, Page No.# 3/4

this Court enquired with the learned counsel who represents the respondent No.3 as to whether the petitioner is entitled to the amount of Rs.11,91,250/- or any other amount and when the said amount would be paid.

5. Today, Mr. K. Gogoi, the learned Additional Senior Government Advocate appearing on behalf of the respondents has placed before this Court an instruction issued by the Additional District Commissioner, Nagaon, dated 10.11.2025 which is kept on record and marked with the letter "X".

6. From a perusal of the said instruction, it is apparent that the amount of Rs.11,91,250/- is the amount to which the petitioner is entitled to. It is further seen that the respondents have also received an amount of Rs.13,50,834/- for the Census operation in 2021 and steps have been taken by the respondents for obtaining the sanction for disbursement of the entire amount of IT infrastructure along with stationery and refreshment head.

7. Taking into account that the amount has been duly admitted and the respondents have sufficient funds to the tune of Rs.11,91,250/- which is the entitlement of the petitioner, this Court directs that upon production of the certified copy of the present order, the respondent No.2 shall release the said amount of Rs.11,91,250/- to the petitioner within two months from the Page No.# 4/4

date of production of such certified copy of the order.

8. With the above, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant