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Gauhati High Court

Page No.# 1/7 vs The State Of Assam on 9 February, 2026

Page No.# 1/7

GAHC010055812025

2026:GAU-AS:1840

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

Case No. : WP(C)/1594/2025

BIOCARE ASSOCIATES
REP BY ITS PROP SONU KR JAIN, A REGISTERED PROPRIETORSHIP FIRM
HAVING ITS OFFICE AT H NO 19, MA ROAD, REHABARI, GUWAHATI, DIST-
KAMRUP , ASSAM 781008

2: MR SONU KR. JAIN
S/O MISHRA LAL JAIN
PROPRIETOR OF M.S BIO CARE ASSOCIATES
RESIDENT OF H NO 19
MA ROAD
REHABARI
GUWAHATI
DIST- KAMRUP
ASSAM 78100

VERSUS

THE STATE OF ASSAM
REP BY THE COMM AND SECY TO THE GOVT OF ASSAM, AGRICULTURE
DEPTT, DISPUR, GUWAHATI- 6

2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR GUWAHATI 06

3:THE DIRECTOR OF AGRICULTURE
ASSAM KHANAPARA GUWAHATI 22

4:THE MANAGING DIRECTOR
ASSAM SEEDS CORPORATION LIMITED KHANAPARA GUWAHATI 22

5:THE NODAL OFFICER
Page No.# 2/7

(RKVY)
RASHTRIYA KRISHI VIKASH YOJANA
KHANAPARA GUWAHATI 2

Advocate for the Petitioner : MR. U S BORA, MR B P BORAH,A KALITA,MISS. J GOGOI

Advocate for the Respondent : SC. AGRICULTURE, SC, FINANCE,SC. ASSAM SEED CORPN.

Linked Case : WP(C)/1636/2025

M/S MAHALAXMI ENTERPRISE AND ANR.
REPRESENTED BY ITS PROPRIETOR
SURYA SAIKIA
A REGISTERED PROPRIETORSHIP FIRM HAVING ITS OFFICE AT HOUSE NO.
2
CHITRABAN PATH
KALYANI NAGAR
KAHILIPARA
GUWAHATI
DIST.- KAMRUP(M)
ASSAM
PIN- 781019.

2: SURYA SAIKIA
S/O- ANIL SAIKIA

PROPRIETOR OF M/S MAHALAXMI ENTERPRISE

R/O- HOUSE NO. 2
CHITRABAN PATH

KALYANI NAGAR
KAHILIPARA
GUWAHATI

DIST.- KAMRUP(M)
ASSAM
PIN- 781019.
VERSUS

THE STATE OF ASSAM AND 4 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM
Page No.# 3/7

AGRICULTURE DEPARTMENT
DISPUR

GUWAHATI-6.

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.

3:THE DIRECTOR OF AGRICULTURE
ASSAM
KHANAPARA
GUWAHATI-22.

4:THE MANAGING DIRECTOR
ASSAM SEEDS CORPORATION LIMITED
KHANAPARA
GUWAHATI-22.

5:THE NODAL OFFICER
(RKVY) RASHTRIYA KRISHI VIKASH YOJANA
KHANAPARA
GUWAHATI-22.
------------
Advocate for : MR B P BORAH
Advocate for : SC
AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 4 ORS.

Linked Case : WP(C)/1596/2025

LEISURE LANE
REPRESENTED BY ITS PROPRIETOR MR. SALEH SIDDIK AHMED
A REGISTERD PROPRIETORSHIP FIRM HAVING ITS OFFICE AT GROUND
FLOOR
NEAR FOREST SCHOOL
SATMILE APRO ROAD
JALUKBARI
GUWAHATI
DIST- KAMRUP
ASSAM
PIN- 781014

2: MR. SALEH SIDDIK AHMED
Page No.# 4/7

S/O FAIZUDDIN AHMED
PROPRIETOR OF MS LEISURE LANE
RESIDENT OF GROUND FLOOR
NEAR FOREST SCHOOL
SATMILE APRO ROAD
JALUKBARI
GUWAHATI
DIST- KAMRUP
ASSAM
PIN- 781014
VERSUS

THE STATE OF ASSAM
REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM
AGRICULTURE DEPTT
DISPUR
GHY- 6

2:THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR GUWAHATI 06

3:THE DIRECTOR OF AGRICULTURE
ASSAM KHANAPARA GUWAHATI 22

4:THE MANAGING DIRECTOR
ASSAM SEEDS CORPORATION LIMITED KHANAPARA GUWAHATI 22

5:THE NODAL OFFICER

(RKVY)
RASHTRIYA KRISHI VIKASH YOJANA
KHANAPARA GUWAHATI 22
------------
Advocate for : MR H MAZUMDER
Advocate for : SC. AGRICULTURE appearing for THE STATE OF ASSAM
Page No.# 5/7

BEFORE
HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER

09/02/2026

Heard Mr. B P Borah, learned counsel for the petitioners. Also heard Ms. G Bora, learned Standing counsel, Agriculture Department for the respondent Nos. 1, 3 & 5; Mr. A Chaliha, learned Standing counsel, Finance Department for the respondent No. 2 and Mr. A N Sarmah, learned Standing counsel, Assam Seeds Corporation Limited for the respondent No.

2. As consented to by the learned counsels for the parties, the present writ petitions are taken up for final consideration and are being disposed of by this common order.

3. The petitioners, in the above noted writ petitions, have prayed for a direction upon the respondent authorities for release of the admitted contractual dues receivable by them in pursuance to the supplies effected to the respondent No. 4 Corporation in pursuance to a due tendering process.

4. The petitioners, in the above noted writ petitions, being eligible had submitted their respective bids in pursuance to a tender, bearing No. ASC/MKT/Retender/2018-19/2019- 20/3898 dated 05.02.2019 issued by the Managing Director, Assam Seeds Corporation Limited against various groups. The bids submitted by the petitioners in the above noted writ petitions, being found to be suitable, they were issued with supply orders of the commodities for which they had submitted their respective bills.

5. The petitioners made the supplies involved and thereafter, submitted their respective bills for payment before the Managing Director, Assam Seeds Corporation Limited, i.e., the respondent No. 4, herein.

6. It is projected in the writ petitions that the supplies made by the petitioners were found to confer with the standards as set out in the tender in question. However, the supplies being successfully completed by the petitioners, the contractual dues receivable by the Page No.# 6/7

petitioners in the above noted writ petitions not being released to them, they have instituted the above noted writ petitions.

7. Mr. B P Borah, learned counsel for the petitioners, by reiterating the facts noticed hereinabove, has submitted that the fact that the petitioners had duly effected the supplies involved and the materials so supplied being inconformity with the standards as set out in the tender, the respondent authorities could not have held up the payments of the petitioners in the above noted writ petitions. He submits that the amount involved with regard to the supplies made by the petitioners has already been provided by the competent authority for the financial year 2025-2026 and there exists no bar for the respondent authorities to release the said amount to the petitioners.

8. Ms. G Bora, learned Standing counsel, Agriculture Department has submitted that the amount requisite for the purpose of meeting the pending liabilities in pursuance to the tender in question, has already been allotted and that the dues, receivable by the petitioners in the above noted writ petitions would be permissible to be released to them, after verification process with regard to the supplies effected by them, is done.

9. Mr. A N Sarmah, learned Standing counsel, Assam Seeds Corporation Limited submits that the supplies made by the petitioners have already been verified and the bills submitted by the petitioners in the above noted writ petitions has been found to have been so submitted in conformity with the supplies made by each of them in the matter and accordingly, the bills of the petitioners are being processed for releasing to them their respective contractual dues. He submits that the respondent authorities are processing the matter for releasing to the petitioners in the above noted writ petitions their contractual dues on or before 15.03.2026.

10. In view of the above position, the contractual dues, as claimed by the petitioners in the above noted writ petitions, not being disputed by the respondent authorities and the same being admitted, this Court is of the considered view that the respondent authorities are required to be directed to clear the admitted dues of the petitioners, at the earliest.

11. Accordingly, the respondent authorities are directed to release to the petitioner in Page No.# 7/7

WP(C) No. 1594/2025, an amount of Rs.46,88,840/- (Rupees Forty Six Lakhs Eighty Eight Thousand Eight Hundred and Forty; petitioner in WP(C) No. 1596/2025, an amount of Rs.18,88,920/- (Rupees Eighteen Lakhs Eighty Eight Thousand Nine Hundred and Twenty) and the petitioner in WP(C) No. 1636/2025, an amount of Rs.46,88,840/- (Rupees Forty Six Lakhs Eighty Eight Thousand Eight Hundred and Forty), on or before 15.03.2026.

12. It is further provided that in the event any further verification is required to be so done with regard to the claims made by the petitioners in the above noted writ petitions, the respondent authorities would be at liberty to carry out such verification process. However, the admitted dues, receivable by the petitioners, would be required to be so released on or before 15.03.2026.

13. With the above observations and directions, the above noted writ petitions stand disposed of.

JUDGE

Comparing Assistant