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2025 DAILYLAW 11197 (GAU)

RITESH BAJAJ v. THE STATE OF ASSAM AND 3 ORS

WP(C)/2289/2024 · 2025-09-07

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010085022024 2025:GAU-AS:12213 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2289/2024 RITESH BAJAJ S/O- SRI RAM KISHOR BAJAJ, R/O- HAWELIA REGENCY, A.K. AZAD ROAD, DHIRENPARA, GUWAHATI-781025, ASSAM AND PROPRIETOR OF SALASAR AGRO SERVICES, REGISTERED OFFICE AT A K AZAD ROAD, REHABARI, GHY-781008, DIST. KAMRUP(M), ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM ,AGRICULTURE DEPARTMENT AND APC, ASSAM, GUWAHATI-781006, ASSAM 2:DIRECTOR OF AGRICULTURE DIRECTORATE OF AGRICULTURE GOVERNMENT OF ASSAM DISPUR KHANAPARA GUWAHATI-781022 ASSAM 3:ASSAM SEED CORPORATION LIMITED REPRESENTED BY THE MANAGING DIRECTOR ASSAM SEEDS CORPORATION LTD. KHANAPARA GUWAHATI-781022 DIST. KAMRUP(M) ASSAM 4:FINANCE DEPARTMENT REP. BY PRINCIPAL SECRETARY GOVERNMENT OF ASSAM Page No.# 2/5 DISPUR GUWAHATI-781006 ASSA For the petitioner (s) : Mr. B. Das, Advocate For the respondent (s) : Ms. G. Bora, SC, Agriculture BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 08.09.2025 Heard Mr. B. Das, the learned counsel appearing on behalf of the petitioner and Ms. G. Borah, the learned counsel who appears on behalf of the Agriculture Department of the Government of Assam. Mr. M. M. Zaman, the learned counsel appears on behalf of the respondent No.3 and Mr. B. Gogoi, the learned counsel appears on behalf of the Finance Department of the Government of Assam. 2. The petitioner herein is aggrieved by the non-payment of an amount of Rs.40,29,579.45p which is due to the petitioner on account of the supply of certified groundnut seeds under the Flood Damage Restoration under the Disaster Management, 2020-21. Page No.# 3/5 3. The records reveal that the respondents have duly admitted the said amount. However, on account of certain procedural requirement, the said amount has not yet been paid to the petitioner. 4. Today, Ms. G. Borah, the learned counsel appearing on behalf of the Agriculture Department has placed before this Court an instruction dated 29.08.2025 issued by the N.O. (Legal Cell), Directorate of Agriculture, Assam. The content of the said document, being relevant, is reproduced herein under:- GOVERNMENT OF ASSAM DIRECTORATE OF AGRICULTURE, ASSAM KHANAPARA, GUWAHATI-22 Email: agri-dept@nic.in _________________________________________________________ No: Agri/Estt/8943/2024-25/71 Date: 29/08/2025 To: Ms Geetashree Bora Standing Counsel Department of Agriculture Sub: Furnishing of updated information in regards to the direction of court order dtd 30.07.2025 vide case no WP(C) 2289/2024. Ref 1: Email received on 14th of August 2025. Ref 2: Statement of ASCL dtd 30.07.2025 Madam, With reference to the subject cited above, I have the honor to inform you that an amount of rupees 40,29,579 (Forty lacs twenty-nine Page No.# 4/5 thousand five hundred and seventy-nine) has not been disbursed to M/s Salasar Agri against the supply of Ground nut var (K2) as on date as per available documents submitted by the Assam Seeds Corporation Ltd, Khanapara, Ghy -22, to the undersigned. This is for favor of your kind information and necessary action. Enclo: As stated Yours Faithfully Rakibul Faruque N.O. (Legal Cell) Directorate of Agriculture, Assam Khanapara, Guwahati -22 5. From the perusal of the above document, it is seen that the respondents have duly admitted the amount of Rs.40,29,579/- to be payable to the petitioner. 6. Ms. G. Borah, the learned counsel appearing on behalf of the Agriculture Department submits that some time however would be required for making the payment. The said document so placed are collectively kept on record and marked with the letter “Y”. 7. Taking into account that the respondents have duly admitted that the petitioner is entitled to the amount of Rs.40,29,579/-, this Court directs the respondent authorities, and more particularly, the respondent No.2 to take effective steps so that the amount is released to the petitioner within a period of 6 (six) Page No.# 5/5 months from the date a certified copy of the present order is served upon the respondent No.2. 8. With the above, the instant writ petition stands disposed of. JUDGE Comparing Assistant