Page No.# 1/6 GAHC010125072023 2025:GAU-AS:7928 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3379/2023 DILIP KR BORAH S/O- LATE MADHAB CH. BORAH, R/O- S.S ROAD, TILEPARA, GOALPARA, PIN-783101, DIST- GOALPARA, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, GAD, DISPUR, GUWAHATI-06, KAMRUP METRO, ASSAM 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 KAMRUP (M) ASSAM 3:THE STATE ELECTION COMMISSION ASSAM REP. BY ITS COMMISSIONER ADITYA TOWER 2ND FLOOR OPPOSITE DOWNTOWN HOSPITAL G.S ROAD DISPUR GUWAHATI-06 KAMRUP(M) ASSAM 4:THE DEPUTY COMMISSIONER Page No.# 2/6 GOALPARA PIN-783101 DIST- GOALPARA ASSAM 5:THE ADDL. DEPUTY COMMISSIONER GOALPARA PIN-783101 ASSA Advocate for the Petitioner : MR. P HAZARIKA, P. BORAH Advocate for the Respondent : GA, ASSAM, SC, S E C,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 16.06.2025 1. Heard Mr. P. Hazarika, learned counsel for the petitioner. 2. The writ petitioner is the proprietor of M/s Vijaya Printers which deals with supply of stationary articles and also deals with DTP, Offset, Screen printing, Rubber Stamps etc. 3. Pursuant to certain work orders, issued by the Deputy Commissioner, Goalpara, the petitioner supplied certain stationary articles, which were utilized in Panchayat Election, Election for Rabha Hasong Autonomous Council held in the year 2013 and also during updation of NRC. 4. According to the petitioner, the works allotted to the petitioner were duly completed by the petitioner as per plan and estimate and the bills were also submitted, which have been duly acknowledged by the respondent authority. According to the petitioner, an amount of Rs. 8,16,548.00/- for supply of certain articles has not been released as yet. Accordingly, the petitioner filed Page No.# 3/6 representation lastly, on 14.12.2022, however, too of no avail. Accordingly, the present writ petition is filed. 5. The respondent District Commissioner, has filed an affidavit through the Assistant Commissioner, Goalpara, relevant paragraph, necessary for determination for this Court, is quoted herein below:- “4. That That with regard to the statement made in paragraph Nos. 3 to 7 of the writ petition, the deponent begs to state that there is no official record or information available in the office of the Deponent regarding execution of works by the Petitioner amounting to Rs.25,735/- (Rupees Twenty Thousand Seven Hundred Thirty Five) only. However, the Petitioner is entitled to Rs. 7,34,007/- (Rupees Seven Lakh Thirty Four Thousand Seven) against the issued work order. The Deponent further begs to state that with regard to the liabilities including the liabilities of the Petitioner concerned of this instant writ petition, it is to be stated that the bills and vouchers against liabilities of Panchayat Election, 2012-13 were submitted to the Panchayat and Rural Development Department, Govt. of Assam vide Letter of the office of the Deponent being No.GDP.4/2011/154 dated 17-02-2015. Thereafter, again the photocopies of Bills and Vouchers were submitted to the Panchayat and Rural Development Department, Govt. of Assam vide Letter of the office of the Deponent being No.GDP.02/2017/129 dated 06-06-2022. Thereafter, the Panchayat and Rural Development Department, Govt. of Assam vide Letter dated 21/09/2024 and 05/11/2024 asked the office of the Deponent to furnish all the Bills/Vouchers and other relevant documents related to pending liabilities of Panchayat Election, 2001, 2008, 2012-13 and 2017-18 after certify/ validate the Bills/Vouchers by the concerned head of the office. Accordingly, the detail liabilities of Panchayat Elections of 2012- 13 and 2017-18 have been communicated to the Commissioner, Page No.# 4/6 Panchayat and Rural Development Department, Assam vide Letter No. GDP-2/2017/190 dated 20-12-2024. With regard to clearing liabilities including the liabilities of the Petitioner for holding Rabha Hasong Autonomous Council Election, 2012- 13, the Deponent humbly begs to state that fund demands has already been communicated to WPT & B.C. Department, Govt. of Assam, vide Letter of the office of the TAR Deponent being No.GDP.08/2013/85 dated 16-12-2015. The Deponent also begs to state that with regard to clearing liabilities including the liabilities of the Petitioner concerned of this instant writ petition for NRC works, it is to be stated that communication was made to the Home and Political Development, Govt. of Assam and State Coordinator, NRC, Assam vide Letter of the office of the Deponent being No.NRC 33/NRC/2013/355 dated 11-07-2023. With regard to payment of outstanding bills for printing works of Schedule Forms, Jamawashil and Demand Notice, the Deponent humbly begs to state that communication was made to the Director of Land Records and Survey, Rupnagar, Assam vide Letter of the office of the Deponent being No.GRT.3/2009/80 dated 30-08-2014. The Deponent as such further humbly begs to state that as soon as the funds received from the Government of Assam, the necessary measures will be taken to clear the outstanding dues of the petitioner by the office of the Deponent. (Emphasis supplied by this Court) 6. Thus, from the aforesaid, the respondent District Commission, in no Page No.# 5/6 unambiguous term admitted the outstanding due to be Rs. 7,34,007/-. From the aforesaid, it is also clear that the certain amount already spent by the District Commissioner and which is due to the petitioner is to be paid by the Government in the Panchayat & Rural Development Department, more particularly, for conduct of Panchayat Election 2012-13. So far relating to the supplies made/work executed in connection with holding Rabha Hasong Autonomous Council Election 2012-13, the fund is to be released by the WPT& BC Department, Government of Assam. So far relating to the work executed for NRC updation, it is the State Coordination, NRC, Assam and Home & Political Department is to release the aforesaid amount. So far relating to printing works, the funds are to be released by Director of Land Records and Survey, Rupnagar, Assam. 7. It is also seen from the record that the District Commissioner, has already placed the demand before the aforesaid authorities more particularly, before the Panchayat & Rural Development Department, through letter No. GDP-2/2017/190 dated 20.12.2024, to the WTP&BC Department, Government of Assam vide communication No. GDP.08/2013/85 dated 16.12.2015, to the State Coordinator, NRC, Assam under its communication No. NRC.33/NRC/2013/355 dated 11.07.2023 and to the Director of Land Records and Survey, Rupnagar, Assam by its communication No. GRT.3/2009/80 dated 30.08.2014. 8. That being the position, more particularly, in view of the clear admission of the District Commissioner, it is now the bounded duty of the instrumentality of the State to do the needful for payment of the aforesaid admitted amount. 9. Accordingly, it is directed that the concerned authorities in the State shall complete the process of payments of the admitted amount, after due verification and make the payment to the petitioner within a period of six months from the date of receipt of the certified copy of this order to be furnished by the petitioner before the District Commissioner. Page No.# 6/6 10. Petitioner is also permitted to serve a copy of this order before the Commissioner of Panchayat & Rural Development Department, Assam, before the Commissioner & Secretary to the Government of Assam, WTP&BC Department (Tribal Affairs), before the State Coordinator, NRC, Assam, and also before the Director of Land Records and Survey, Rupnagar, Assam. 11. It is expected that all the authorities shall do the needful for release of admitted amount to the petitioner after due verification of the proposal made by the District Commissioner, Goalpara. 12. The entire exercise shall be carried out as directed hereinabove. 13. This writ petition stands disposed of. JUDGE Comparing Assistant