[Cites 1, Cited by 0]
Gauhati High Court
Devajit Dutta @ Debajit Dutta vs The State Of Assam And 4 Ors on 6 March, 2026
Author: Manish Choudhury
Bench: Manish Choudhury
Page No.# 1/5
GAHC010240122019
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7398/2019
DEVAJIT DUTTA @ DEBAJIT DUTTA
S/O- LT ANANTA DUTTA, R/O- WARD NO.2, DHEMAJI TOWN, P.O. AND P.S.
DHEMAJI, DIST- DHEMAJI (ASSAM)
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE ADDL. CHIEF SECY. TO THE GOVT. OF ASSAM, PANCHAYAT
AND RURAL DEVELOPMENT, ASSAM SECRETARIAT, DISPUR, GHY-6
2:ASSAM STATE ELECTION COMMISSION
HOUSEFED COMPLEX
DISPUR
GHY-06
REP. BY ITS SECRETARY
3:DY. COMMISSIONER
DHEMAJI
DIST- DHEMAJI
ASSAM
PIN- 787057
4:ELECTION OFFICER
DHEMAJI
DIST- DHEMAJI
ASSAM
PIN- 787057
5:ASSISTANT DIRECTOR
FOOD
CIVIL SUPPLIES AND CONSUMER AFFAIRS
DHEMAJI OFFICE OF THE DY. COMMISSIONER
Page No.# 2/5
DHEMAJI
DIST- DHEMAJI
ASSAM
PIN- 787057
6:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
FINANCE DEPARTMENT
GROUND FLOOR
F-BLOCK
JANATA BHAWAN
DISPUR
GUWAHATI-78100
Advocate for the Petitioner : MR. P P DUTTA, MR. A BORUA,MR T GOGOI
Advocate for the Respondent : GA, ASSAM, SC, FINANCE,MR B GOGOI,SC, PNRD,SC, A S E C
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 06.03.2026
Heard Mr. P.P. Dutta, learned counsel for the petitioner; Ms. N. Bora,
learned Standing Counsel, Panchayat & Rural Development Department for the
respondent no. 1; Ms. N.B. Kayastha, learned counsel representing Mr. R.
Dubey, learned Standing Counsel, Assam State Election Commission for the
respondent no. 2; and Mr. K. Gogoi, learned Additional Senior Government
Advocate, Assam for the respondent nos. 3, 4 & 5.
2. By instituting the instant writ petition, the petitioner has sought for a
direction to the respondent authorities to disburse a sum of Rs. 17,27,200/-
which, according to the petitioner, has remained outstanding to be paid against
supply of food items, etc. he had made as a caterer pursuant to a Quotation
Notice dated 13.11.2018 and a Deed of Agreement dated 26.11.2018. The
Page No.# 3/5
petitioner has stated that he made the supplies during the Panchayat General
Election, 2018. After supplying the items, he submitted the final bills for a total
amount of Rs. 24,13,200/-. But, only a part-payment of the amount submitted
through the final bills had been paid to the petitioner, thus, leaving an amount
of Rs. 17,27,200/- as outstanding dues.
3. The respondent no. 2 has filed an affidavit stating that on receipt of
demand for fund from the Deputy Commissioner, Dhemaji and others to clear
the outstanding liabilities in connection with conduct of Panchayat General
Election, 2018, a demand for Rs. 5,68,90,505/- was placed before the
Commissioner, Panchayat & Rural Development, Assam on 06.07.2019. The
demand includes a sum of Rs. 91,07,427/- as per the demand of fund placed by
the Deputy Commissioner, Dhemaji, forwarded vide his letter dated 18.01.2019.
The letter of the Deputy Commissioner, Dhemaji showed outstanding liability of
Rs. 26,30,150/-, which included the outstanding dues payable to the petitioner.
4. The respondent nos. 3 & 4 has filed an affidavit-in-opposition wherein it
has inter alia been averred as under :-
That with regard to the statements made in paragraph nos. 3 to 15 of the petition the
answering deponent begs to state that the service provider i.e. the petitioner submitted
bills of Rs. 24,13,200.00/- [Rupees Twenty four lakhs thirteen thousand and two hundred
only], out of which Rs. 7,00,000.00/- [Rupees Seven lakhs only] has already been paid to
the petitioner vide office sanction letter no. DE.09/Panchayat/DMJ/2018/39 dated
10.01.2019 and a sum of Rs. 17,13,200.00/- [Rupees Seventeen lakhs thirteen thousand
and two hundred only] still remain outstanding and is required to be cleared in favour of
M/s. Tourist Lodge & Restaurant, Dhemaji in connection with the Panchayat Election-2018,
Page No.# 4/5
as per records available in the Election Office, Dhemaji.
Furthermore, the office of the answering deponent has submitted proposals for sanction
of additional funds to clear the outstanding liabilities in connection with the Panchayat
Election-2018 before the Secretary, ASEC, Dispur and the Commissioner, PNRD,
Panjabari. The outstanding liabilities will be paid to the petitioner upon receipt of funds
from the Assam State Election Commission in connection with the Panchayat Election-
2018 by this office.
5. On 23.06.2023, the Court was apprised by the learned Standing Counsel,
Panchayat & Rural Development Department based on an Office Letter dated
15.11.2021 of the Commissioner, Panchayat & Rural Development Department,
Assam addressed to the Principal Secretary to the Government of Assam that a
demand proposal for fund for an amount of Rs. 1810.68263 lakhs for Panchayat
General Election, 2018 had been placed. Vide a Communication dated
13.12.2021, the Commissioner, Panchayat & Rural Development Department
had apprised that on receipt of budget of Supplementary Demand in respect of
Panchayat General Election, 2018 from the Government, the amount would be
released to the concerned Deputy Commissioner for making payment in respect
of the pending bill of the petitioner.
6. The respondents were put to notice as far back as on 01.10.2019. But till
date, no affidavit-in-opposition has been filed by the respondent no. 1.
7. In this connection, it is apposite to refer to the following observations
made by the Hon'ble Supreme Court of India in City and Industrial
Development Corporation vs. Dosu Aardeshir Bhiwandiwala and others,
[2009] 1 SCC 168, :-
Page No.# 5/5
34. ......We express our grave concern as to the manner in which State has conducted in
this case. It is the constitutional obligation and duty of the State to place true and relevant
facts by filing proper affidavits enabling the court to discharge its constitutional duties. The
State and other authorities are bound to produce the complete records relating to the case
once Rule is issued by the court. It is needless to remind the Governments that they do
not enjoy the same amount of discretion as that of a private party even in the matter of
conduct of litigation. The Governments do not enjoy any unlimited discretion in this regard.
No one need to remind the State that they represent the collective will of the society.
8. It is expected that the Panchayat & Rural Development Department,
represented by the respondent no. 1 will conduct itself in a responsible manner
and assist the Court by placing the true and relevant facts by filing appropriate
affidavit and documents that may be available to it within 20.03.2026. In the
event no affidavit is filed by the Panchayat & Rural Development Department on
or before 20.03.2026, the writ petition will be taken up for final consideration.
9. List the case on 23.03.2026.
JUDGE
Comparing Assistant
