Page No.# 1/4 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.# 2/4 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 SANJAY KUMAR MEDHI ORDER 19.06.2026 Heard Shri P.P. Dutta, learned counsel for the petitioner. Also heard Shri S.R. Boruah, learned State Counsel, Assam as well as Ms. P. Thapa, learned counsel appearing on instructions of Shri S. Dutta, learned Standing Counsel, P&RD Department, Assam. Shri D. Chaliha, learned Standing Counsel, Finance Department is also present. 2. Considering the subject matter involved as well as the aspect that this writ petition is pending since the year 2019, this writ petition is taken up for disposal at the admission stage. 3. Suffice it to mention that the affidavits have been exchanged and there are further instructions which are made part of the records, including a recent instruction dated 15.06.2026 which has been placed before this Court. Page No.# 3/4 4. The cause of action pertains to a claim for contractual bills for supply of food items during the Panchayat Election of 2018. It is submitted that the Panchayat Election, 2018 held in Dhemaji (Sadar) Sub-Division, the petitioner had supplied food items to the poling authorities and the officials in terms of the orders placed. The petitioner had accordingly submitted bills which were not paid. 5. In this writ petition, there is a claim for amount of Rs.17,27,200/-. It may be mentioned that while the total bill was about Rs. 24,00,000/- approximately, an amount of Rs.7,00,000/- has been paid to the petitioner which is mentioned in the petition itself. 6. Shri Dutta, learned counsel for the petitioner has submitted that as regards the acknowledgement of the liability, such acknowledgment has been made in the affidavit filed by the respondents. 7. Shri Boruah, learned State Counsel has submitted that the liability is admitted and he has drawn the attention of this Court to the affidavit-in-opposition filed by the respondent n. 2 on 01.12.2020. He has also referred to the affidavit-in-opposition filed by the respondent nos. 3 and 4 on 06.03.2026. He has also placed before this Court a latest communication dated 15.06.2026 whereby the concerned District Commissioner, Dhemaji has again placed the matter before the Panchayat and Rural Development Department to take steps for release of the outstanding amount of Rs. 17,13,200/-. 8. The documents placed before this Court, includes a communication of the same date i.e., 15.06.2026 written to the Commissioner, Panchayat & Rural Development by the District Commissioner, Dhemaji whereby so far as the petitioner is concerned, there is a mention of an amount of Rs.17,13,200/-. Page No.# 4/4 9. In view of the aforesaid position, this Court is of the view that the requirements laid down in the case of Tamsher Ali & Ors. Vs. State of Assam & Ors., reported in 2008 (4) GLT 1 by the Hon’ble Full Bench of this Court stand fulfilled inasmuch as the admission has come in the way of an affidavit filed by the competent authority followed by written instructions placed on record. 10. In view of the above, the writ petition stands allowed by directing the concerned Departments to take immediate steps for clearing the outstanding dues to the petitioner as indicated above. The entire exercise be undertaken and completed within a period of 3 months from the date of receipt of a certified copy of this order. 11. The papers placed before this Court by Shri Boruah, learned State Counsel, including the letters dated 15.06.2026 are made part of the records. JUDGE Comparing Assistant