Page No.# 1/4 vs The State Of Assam
2025 Latest Caselaw 8820 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam on 24 November, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                             Page No.# 1/4

GAHC010136852025




                                                       2025:GAU-AS:15976

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

                         Case No. : WP(C)/3517/2025

         MANIK SARKAR
         SON OF LATE RAMANI MOHAN SARKAR, KOKRAJHAR TOWN,
         TENGAPARA, KOKRAJHAR, BTC, ASSAM

         2: MS IT SOLUTION
          RNB ROAD WARD NO 6
          KOKRAJHAR
         ASSA

         VERSUS

         THE STATE OF ASSAM
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR,
         GUWAHATI-781006.

         2:THE BODOLAND TERRITORIAL COUNCIL
          REPRESENTED BY THE PRINCIPAL SECRETARY
          BODOFA NWGWR
          KOKRAJHAR (BTR)
          PIN783370

         3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
         ASSAM
          FINANCE DEPARTMENT
          GUWAHATI
          PIN-781006.

         4:THE DISTRICT COMMISSIONER
          KOKRAJHAR
          BTR
         ASSAM
          PIN783370
                                                                        Page No.# 2/4

          5:THE ADDITIONAL DISTRICT COMMISSIONER
           KOKRAJHAR
           BTR
          ASSAM
           PIN- 783370



Advocate for the petitioner(s): Mr. BM Deka


Advocate for the respondent(s): Mr. AK Bhuyan,
                                 Senior Standing Counsel, BTC


                                   BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                     ORDER

24.11.2025

The case of the petitioner herein is that the petitioners are aggrieved by the inaction on the part of the respondent authorities in not making payment of the amount to which the petitioners are entitled to upon supply of different construction materials as well as for supply of generators on hire basis to the respondent authorities.

2. It is the case of the petitioners that they are qualified contractors and have executed various orders of supplying construction materials as well as supply of generators on hire basis to the Army/BSF/CRPF etc. camps at different locations within the BTR area during insurgency operations for the period 2015-202 and accordingly the petitioners had supplied the articles.

3. It is the case of the petitioners that the petitioners had successfully supplied the materials to the respondent authorities and accordingly submitted bills from Page No.# 3/4

time to time which accumulated to a total amount of Rs.2,64,57,817/-. The respondent authorities had also issued completion certificates against each work and supply. In spite of the same, the petitioners have not been paid their dues. The learned counsel for the petitioners submitted that the petitioners had made several representations before the respondent authorities for release of the said amount and had even sent a legal notice to the District Commissioner, Kokrajhar seeking release of the said amount, however, the amount of Rs.2,64,57,817/- is still pending, for which the petitioners have approached this Court under Article 226 of the Constitution.

4. Mr. AK Bhuyan, the learned Senior Standing Counsel appearing on behalf of the BTC submits that as to whether the petitioners have supplied the materials in terms with the work orders in question is a subject matter of verification which needs to be carried out by the respondent authorities and it is only on the basis of such verification, the actual entitlement of the petitioners could be ascertained.

5. Upon hearing the learned counsels for the parties, this Court is of the opinion that interest of justice would be met if a direction is given to the respondent authorities to verify as to whether the petitioners have supplied the materials in accordance with the work orders mentioned hereinabove and thereupon to ascertain the exact amount to which the petitioners are entitled to, if any.

6. It is under such circumstances, this Court, therefore, disposes of the instant writ petition thereby directing the respondent authorities, more particularly, the respondent Nos.3, 4 and 5 to verify the entitlements of the petitioners on the basis of the work orders which were issued in favour of the petitioners and as to whether the petitioners have supplied the materials in question and thereupon, after verification, if it is found that the petitioners are entitled to any amount, Page No.# 4/4

the same should be paid to the petitioners in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the respondent No.2 and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra).

7. With above observations and directions, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant