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High Court of Tripura · body

2025 DAILYLAW 1006 (TRI)

Sri Goutam Debnath v. The State of Tripura and Ors.

WP(C)/376/2025 · 2025-07-18

Acting

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) 376 of 2025 Sri Goutam Debnath ---Petitioner(s) Versus The State of Tripura and Ors. ---Respondent(s) For Petitioner(s) : Mr. Somik Deb, Sr. Advocate. Mr. Riya Chakraborty, Advocate. For Respondent(s) : Mr. P. Gautam, Sr. GA. HON’BLE THE CHIEF JUSTICE (ACTING) Order 18.07.2025 [1] Heard learned counsel for the parties. [2] This is a petition under Article 226 of the Constitution of India for seeking the following relief(s): (i) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued, for directing the respondents, to transmit the records, appertaining to this writ petition, lying with them, for rendering substantive and conscionable justice to the petitioner; (ii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, for mandating/directing them, to pay off the outstanding dues, amounting to Rs.10,56,351/-, from the respective dates it fell due, to the petitioner, alongwith Interest @ 12% per annum; (iii) Call for the records appertaining to this petition; (iv) After hearing the parties, be pleased to make the Rule Absolute in terms of i to ii above; (v) Costs of and incidental to this proceeding; (vi) Any other Relief(s) as to this Hon'ble High Court may deem fit and proper [3] This is the case of the petitioner that for hiring of vehicles from the interested lawful owners of Maruti Eeco, Maruti Omni and similar types of vehicles having valid registration, and commercial license of the DMMU, TRLM, Gomati District, Udaipur and BMMU of Matabari, Killa, Tepania, Amarpr, Ompi, Karbook, Silachari & Kakraban R.D Block, the District Mission Manager (Project Director, DRDA), District Mission Management Unit of TRLM, Gomati District, Udaipur issued a NIQ dated 04.07.2018, thereby enumerating certain general terms and conditions. Thereafter, the petitioner participated in the said tender process, and noting the rate quoted by the petitioner, the DMMU, TRLM, Gomati District, Udaipur issued a Letter of Acceptance dated 09.01.2018, thereby requesting the petitioner, to arrange for vehicles on certain terms and conditions as enumerated therein. Subsequently, as per the terms and conditions, enumerated in the NIQ & the LOA Work Orders for hiring of vehicles, under TRLM in favour of the petitioner. Subsequently, claiming payment of the outstanding dues, with respect to the Work Orders the petitioner had submitted his bills from time to time, duly received by the District Mission Management Unit of TRLM. Subsequently, after the expiry of the period of the NIQ the petitioner continued rendering his services, by providing vehicles on the basis of Oral Agreement and extended the execution of his work with utmost sincerity and dedication. It may be stated herein that from 2018 to 2020, the petitioner although has rendered his service as per the Work Orders (Annexure-3 supra), issued from time to Thereafter, with regard to the clearing of the due bills, the petitioner filed one Online Complaint in the Task Monitoring System Portal, in reply whereof, the District Magistrate & Collector, Udaipur, Gomati District issued a Letter to the Additional District Mission Manager, TRLM, Udaipur, Gomati District dated 03.08.2022, thereby urging him, to enquire into the matter, and to dispose of the issue, as per norms as early as possible, with an intimation to the complainant and to his office, however, the Bills have still not been cleared. [4] It is seen from the record the petitioner made two representations dated 18.12.2021 & 07.04.2022, (Annexure-4 to the writ petition), and they are still lying with respondents and no action has yet been taken. [5] In view of said submission, without expressing any opinion on the merits of the case, this present writ petition is disposed of directing the respondents to consider the case of the petitioner in the light of the records and verify the same and also the representations made above be considered in accordance with law within a period of two months from the date of receipt of copy of this order. Page 3 of 3 [6] With the above observation and direction, this present writ petition stands disposed of. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stands closed. CHIEF JUSTICE (ACTING) Dipak DIPAK DAS Digitally signed by DIPAK DAS Date: 2025.07.21 15:17:00 +05'30'