M/S P R ENTERPRISE v. THE STATE OF ASSAM AND 3 ORS
WP(C)/4243/2024 · 2025-04-04
Lanusungkum Jamir
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 16865 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16865 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010169092024
2025:GAU-AS:4162
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4243/2024 M/S P R ENTERPRISE A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT KRISHNA NAGAR, MALIGAON GOSHALA BORAGAON ROAD, GUWAHATI-11, DIST- KAMRUP (M), ASSAM. REP. BY ITS PROPRIETOR , WAHEDUR RAHMAN, AGED 54 YRS, S/O- FARIDAR RAHMAN, R/O- KRISHNA NAGAR, MALIGAON, P.S- JALUKBARI, DIST- KAMRUP (M) VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE ADDL. CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR GENERAL OF POLICE ASSAM B.K. KAKATY ROAD ULUBARI GUWAHATI-7. 3:THE COMMISSIONER OF POLICE GUWAHATI POLICE COMMISSIONERATE PANBAZAR GUWAHATI DIST- KAMRUP (M) 4:THE DEPUTY COMMISSIONER OF POLICE (ADMIN) GUWAHATI POLICE COMMISSIONERATE PANBAZAR GUWAHATI
Page No.# 2/3 DIST- KAMRUP (M Advocate for the Petitioner : MR. S BORTHAKUR, MS. S KAKATI,MR. A DEKA Advocate for the Respondent : GA, ASSAM,
BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 05.04.2025 Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. S.R Barua, learned Government Advocate appearing on behalf of all the respondents. 2. It is the case of the petitioner that the petitioner’s firm is registered as a contractor under Assam Police for procurement of stores commonly required for official use and minor repairing/construction works of value less than Rs.5,00,000/-. Accordingly, the petitioner was issued various Supply Orders on different dates from 02.03.2020 up to the month of June, 2023, totalling to an amount of Rs.14,74,049/-. However, despite supplying all the required articles as demanded by the respondents, the petitioner has not been paid any amount in terms of the said Supply Orders. Being aggrieved, the petitioner is before this Court praying for a direction to the respondents to release the outstanding amount of Rs.14,74,049/-. 3. The respondent No.4 i.e. the Deputy Commissioner of Police (Administration) has filed counter affidavit and in paragraph-9 of the affidavit, the demand made by the petitioner for Rs.14,74,049/- has been
Page No.# 3/3 admitted. However, it is also stated at paragraph-8 of the affidavit that due to non receipt of sanction and allotment of fund against each proposal, the liabilities due to the petitioner could not be paid. 4.
In view of the admission of the respondent No.4 in the affidavit in opposition, particularly at paragraph-9, this writ petition is disposed of directing the respondents to pay the admitted amount of Rs.14,74,049/- to the petitioner within a period of four months from the date of receipt of a certified copy of the order of this Court. 5. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant