Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 3 Ors on 24 September, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/5
GAHC010082892024
2025:GAU-AS:13243
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2284/2024
PRANAB DEKA
S/O- SRI LATE PRASANNA KR. DEKA, R/O- H/NO. 13A, KAHILIPARA ROAD,
JATIA ASHOK PATH, GUWAHATI-781006, ASSAM AND PROPRIETOR OF M/S
R.D. TRADERS, REGISTERED OFFICE AT HATIGAON, LAKHIMINAGAR,
DISPUR, DIST. KAMRUP(M), GHY-781006, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY ITS ADDITIONAL GOVERNMENT OF ASSAM
,AGRICULTURE DEPARTMENT AND APC, ASSAM, GUWAHATI-781006,
ASSAM
2:DIRECTOR OF AGRICULTURE
DIRECTORATE OF AGRICULTURE
GOVERNMENT OF ASSAM
DISPUR
KHANAPARA
GUWAHATI-781022
ASSAM
3:ASSAM SEED CORPORATION LIMITED
REPRESENTED BY THE MANAGING DIRECTOR
ASSAM SEEDS CORPORATION LTD.
KHANAPARA
GUWAHATI-781022
DIST. KAMRUP(M)
ASSAM
4:FINANCE DEPARTMENT
REP. BY PRINCIPAL SECRETARY
GOVERNMENT OF ASSAM
Page No.# 2/5
DISPUR
GUWAHATI-781006
ASSA
For the petitioner : Mr. B. Das, Advocate
For the respondents : Ms. G. Borah, SC, Agriculture
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
Date of Hearing : 24.09.2025
Date of Judgment : 24.09.2025
JUDGMENT AND ORDER (ORAL)
The instant writ petition is filed by the petitioner challenging the
non-payment of the contractual bill of Rs.43,12,500/- for the work
awarded to the petitioner vide the work order dated 30.09.2020 issued
by the Managing Director, Assam Seeds Corporation Ltd. for supplying
Rabi-Hybrid Vegetable Seeds under Food Damage Restoration under
Disaster Management, 2020-21 under the terms and conditions
mentioned in the said work order.
2. The case of the petitioner herein is that on 18.09.2020, the Director
of Agriculture, Directorate of Agriculture, Government of Assam issued
an indent to the Managing Director, Assam Seed Corporation Limited
for supply of Rabi-Hybrid Vegetables Seeds under Flood Damage
Restoration under Disaster Management, 2020-21. Following this
indent, the Assam Seed Corporation Limited issued a work order dated
Page No.# 3/5
30.09.2020 in favour of the petitioner for supplying Rabi-Hybrid
Vegetable Seeds in the district of Nagaon. The petitioner thereafter
supplied the said Hybrid Vegetable Seeds in the district of Nagaon
within the stipulated time and it was acknowledged and admitted by the
Branch Manager of Assam Seed Corporation Limited, Nagaon.
However, the Assam Seed Corporation Limited, Nagaon, despite
repeated approaches by the petitioner, has not taken any steps to make
payment of the admitted amount of Rs.43,12,500/- to the petitioner till
date.
3. The learned counsel appearing on behalf of the petitioner submitted
that the petitioner has been pursuing the matter delinquently with the
respondents, but the Respondent Authorities have not shown any
interest in making the payment of the admitted amount of
Rs.43,12,500/- 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. Hence, the petitioner has approached this Court by filing the
instant writ petition.
4. Ms. G. Borah, the learned Standing Counsel appearing on behalf of
the Agriculture Department submitted that necessary verification
process is going on as regards the entitlement of the petitioner of an
amount of Rs.43,12,500/- and in that regard placed an instruction before
this Court which is kept on record and marked with the letter "X". The
Page No.# 4/5
said instruction, being relevant, is quoted herein under:-
GOVERNMENT OF ASSAM
DIRECTORATE OF AGRICULTURE ASSAM
Email: [email protected] Tel: 03612801100
To:
Ms Geetashree Bora
Standing Counsel
Department Of Agriculture
Sub: Furnishing of updated information in regards to the direction of court order vide
case No. WP(C)2284/2024.
Ref 1: Letter received from Standing Counsel L.No.GB/AGRI/ WP(C)2284/2024/0208
Dtd. 03/05/2025.
Ref 2: Order copy of WP(C)2284/2024 dtd 08.09.2025 (Pranab Deka Vs the State of
Assam & Ors.).
Ref 3: Payment status submitted by ASCL against RD Traders, Prop Pranab Deka.
Ref 4: No. AGRI/Esstt/8942/2024-25/37 . Date: 06/09/2025
Ma'am,
With reference to the subject cited above I am to inform you that the
admitted amount of Rs 43,12,500/-(Rupees forty three lacs twelve thousand
five hundred only) which has been confirmed by ASCL will be initiated for
payment from the allocated decreed amount of Rs 1172.20 lakh under SOPD
earmarked for the year 2025-26 as soon as the receipt of Hon'ble Gauhati High
Court payment instruction vide case No.WP(C)2284/2024.
It may be mentioned here that, this submission has been made in
compliance with the hon'ble High Court order dtd 08.09.2025 vide case no
No.WP(C)2284/2024.
This is for your kind information and necessary action.
Yours Faithfully
Dr. P. Uday Praveen, IAS)
Director of Agriculture
Government of Assam
Page No.# 5/5
5. From a perusal of the above quoted communication which is kept
on record and marked with the letter "X", it is seen that pursuant to the
verification, it is an admitted stand that the petitioner is entitled to the
amount of Rs.43,12,500/-.
6. Accordingly, this Court therefore disposes of the instant writ
petition with the following observations:
(i) The petitioner is entitled to the amount of Rs.43,12,500/-.
(ii) The Respondent Authorities are directed to make payment of
an amount of Rs.43,12,500/- to the petitioner, after making
necessary statutory deductions (if required), within a period of six
months from the date a certified copy of this order is served upon
the respondent No.2, i.e., the Director of Agriculture, Directorate
of Agriculture, Government of Assam, Dispur, Assam.
JUDGE
Comparing Assistant
