Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 7 Ors on 31 October, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010045772024
2025:GAU-AS:14743
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1411/2024
M/S N A ENTERPRISE
REPRESENTED BY ITS PROPRIETOR NABA TALUKDAR, AGED ABOUT 51
YEARS, S/O- ACHYUT TALUKDAR, R/O- H/NO.- 85, GANESH MANDIR PATH,
NEW GUWAHATI, NOONMATI, GUWAHATI, PIN- 781020, DISTRICT-
KAMRUP (M), ASSAM, HAVING ITS REGISTERED OFFICE AT TANGLA,
WARD NO.4, PIN- 784521, DISTRICT- UDALGURI, BTAD, ASSAM
VERSUS
THE STATE OF ASSAM AND 7 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC
HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM
2:THE CHIEF ENGINEER
PUBLIC HEALTH ENGINEERING
HENGRABARI
GUWAHATI-36
ASSAM
3:THE MISSION DIRECTOR
SBM-G
ASSAM CUM COMMISSIONER PNRD DEPARTMENT
HENGRABARI
GUWAHATI-36
4:THE ADDL. CHIEF ENGINEER PHE CUM DIRECTOR
BTC KOKRAJHAR
KOKRAJHAR
PIN- 783370
5:THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM
PHE DEPARTMENT
Page No.# 2/5
DISPUR
GUWAHATI-06
6:THE EXECUTIVE ENGINEER (PHE)
KOKRAJHAR (PHE) DIVISION
NO.1 CUM THE MEMBER SECRETARY
DWSM
KOKRAJHAR DISTRICT
PIN- 783370
7:THE PRINCIPAL SECRETARY
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR- 783370
8:THE SECRETARY
BTC
KOKRAJHAR
PIN- 78337
For the Petitioner(s) : Mr. P. D. Bhuyan, Advocate
For the Respondent(s) : Ms. B. Bhuyan, SC, BTC
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 31.10.2025
The case of the Petitioner herein is that the Petitioner is aggrieved by
the inaction on the part of the Respondent Authorities in not making
payment of the amount to which the Petitioner is entitled to upon supply
of materials.
2. The Petitioner herein is a proprietor of M/s N.A. Enterprise and has
executed various contractual works under various Departments of
Page No.# 3/5
Government of Assam specially the Public Health Engineering (PHE) of
the State of Assam.
3. The case of the Petitioner herein is that the Respondents herein
published a Notice Inviting Tender for supply of IEC Materials (Hoarding,
Banner Dustbin, Leaflets, Posters etc.) under Swachh Bharat Mission
(Gramin) Phase II. The Petitioner has participated in the tender process
and being the eligible bidder, on 28.01.2021, the Respondent Authorities
had issued four work orders in favour of the Petitioner for supply of IEC
Materials (Hoarding, Banner Dustbin, Leaflets, Posters etc) under Swachh
Bharat Mission (Gramin) Phase II bearing Order Nos. (i)
M.SECY/DWSC/SBM-(G)/102/2020-2021/5891, (ii) M.SECY/DWSC/SBM-
(G)/102/2020-2021/5897, (iii) M.SECY/DWSC/SBM-(G)/102/2020-
2021/5886 and (iv) M.SECY/ DWSC/SBM-(G)/102/2020-2021/5880.
4. It is the case of the Petitioner that the Petitioner had successfully
supplied the materials and accordingly submitted bills amounting to
Rs.2,90,55,308/-. The learned counsel for the Petitioner submitted that
the Petitioner has made several representations before the Respondent
Authorities for release of the said amount and had even sent a legal
notice to the Respondent No.6, i.e., the Executive Engineer, PHE,
Kokrajhar (PHE) Division No.1, on 14.12.2023 seeking release of the said
amount however the amount of Rs.2,90,55,308/- is still pending, for
which the Petitioner has approached this Court under Article 226 of the
Constitution.
5. Ms. B. Bhuyan, the learned Standing counsel appearing on behalf of
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the Bodoland Territorial Council submits that as to whether the Petitioner
has 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 Petitioner could be ascertained.
6. Upon hearing the learned counsels for the parties, this Court is of
the opinion that the interest of justice would be met if a direction is given
to the Respondent Authorities to verify as to whether the Petitioner has
supplied the materials in accordance with the work orders mentioned
hereinabove and thereupon to ascertain the exact amount to which the
Petitioner is entitled to, if any.
7. It is under such circumstances, this Court therefore disposes of the
instant writ petition thereby directing the Respondent Authorities more
particularly the Respondent Nos. 2, 4, 5, 6 and 7 to verify the entitlement
of the Petitioner on the basis of the work orders which were issued in
favour of the Petitioner and as to whether the Petitioner has supplied the
materials in question and thereupon, after verification if it is found that
the Petitioner is entitled to any amount, the same should be paid to the
Petitioner 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).
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8. With above observations and directions, the instant writ petition
stands disposed of.
JUDGE
Comparing Assistant
