Citation : 2026 Latest Caselaw 1762 Gua
Judgement Date : 27 February, 2026
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GAHC010270392025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/126/2026
GREEN VISION AND ANR
A PROPRIETORSHIP FIRM, REPRESENTED BY ITS PROPRIETOR, NAZMUL
KHAN, AGED ABOUT 48 YEARS, HAVING ITS REGISTERED OFFICE AT
SANTIPUR, GUWAHATI- 781009, P.O. BHARALUMUKH, P.S.
BHARALUMUKH, DIST. KAMRUP METRO, ASSAM.
2: NAZMUL KHAN
S/O- LATE NAZRUL ISLAM
R/O- HOUSE NO. 45
D.C. TALUKDAR LANE
SANTIPUR
GUWAHATI-781009
DIST. KAMRUP (M) AT GUWAHATI
VERSUS
THE STATE OF ASSAM AND 6 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, AGRICULTURE DEPTT., DISPUR, GUWAHATI- 781006.
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-781006.
3:THE DIRECTOR OF AGRICULTURE
ASSAM
OFFICE OF THE DIRECTORATE OF AGRICULTURE
KHANAPARA
GUWAHATI-781022.
4:THE ASSAM SEEDS CORPORATION LTD.
REPRESENTED BY ITS MANAGING DIRECTOR
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KHANAPARA
GUWAHATI-781022.
5:THE MARKETING MANAGER
ASSAM SEEDS CORPORATION
KHANAPARA
GUWAHATI-781022.
6:THE DISTRICT AGRICULTURE OFFICER
DISTRICT AGRICULTURAL OFFICE
GOALPARA
PIN- 783101.
7:THE DISTRICT AGRICULTURE OFFICER
DISTRICT AGRICULTURAL OFFICE
KOKRAJHAR
PIN- 783370
Advocate for the Petitioner : MR. N N B CHOUDHURY, MS. K DEY
Advocate for the Respondent : SC. AGRICULTURE, SC. ASSAM SEED CORPN.,SC, FINANCE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 27.02.2026
Heard Mr. N.N.B. Choudhury, learned counsel for the petitioners; Ms. G. Bora, learned Standing Counsel, Agriculture Department for the respondent nos. 1, 3, 6 & 7; Mr. M. Bhuyan, learned counsel on behalf of Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 2; and Mr. M.M. Jaman, learned counsel appearing on behalf of Mr. S. Chamaria, learned Standing Counsel, Assam Seeds Corporation Ltd. for the respondent nos. 4 & 5.
2. The case of the petitioners, in brief, is that pursuant to a tender process initiated by an e-Tender Notice dated 05.02.2019, the petitioners having emerged successful, was issued a Supply Order on 23.11.2020 for supply of Page No.# 3/4
'Hybrid Vegetable Seeds' as per specification mentioned in Annexure-1 and Annexure-2 thereof. As per Annexure-2, the total amount for supply was mentioned as Rs. 10,30,709.66/-. According to the petitioner, he had duly supplied the Hybrid Vegetable Seeds in terms of the Supply Order dated 23.11.2020 and thereafter, submitted bill for the said amount. It is the further case of the petitioner that the petitioner had only been disbursed a part- payment of Rs. 4,80,311/- on 09.05.2022 and an amount of Rs. 5,50,398/- is still pending for disbursal. Seeking a direction to the respondent authorities to disburse the balance amount of Rs. 5,50,398/- immediately, the petitioner has approached this Court by the instant writ petition.
3. The learned counsel for the respondents have submitted that they have to obtain instructions in the matter, while raising the issue of maintainability of the writ petition.
4. Issue notice, returnable on 30.03.2026.
5. As Ms. Bora, learned Standing Counsel, Agriculture Department has appeared and accepted notice on behalf of respondent nos. 1, 3, 6 & 7; Mr. Bhuyan, learned counsel has appeared and accepted notice on behalf of respondent no. 2; and Mr. Jaman, learned counsel has appeared and accepted notice on behalf of respondent nos. 4 & 5, issuance of formal notices to the said respondents are dispensed with. However, extra copies of the writ petition along with annexures are to be furnished to Ms. Bora, Mr. Bhuyan and Mr. Jaman within 2 [two] working days from today.
6. The respondents shall file their counter affidavits on or before the returnable date.
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7. The question of maintainability of the writ petition is kept open for consideration at an appropriate stage.
JUDGE
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