Page No.# 1/4 GAHC010175992023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4752/2023 M/S BRIKSHYA OFFSET PRESS REP. BY ITS PROPRIETOR, BUBU SAIKIA, AGED 45 YRS, S/O- PRABHAT SAIKIA, R/O- VILLAGE GOHAIN GAON, WARD NO-5, P.O AND P.S- MORIGAON, DIST- MORIGAON, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 3:THE DISTRICT COLLECTOR MORIGAON ASSAM 4:THE CHIEF EXECUTIVE OFFICER MORIGAON ZILLA PARISHAD MORIGAON 5:THE PROJECT DIRECTOR DISTRICT RURAL DEVELOPMENT AUTHORITY MORIGAON Page No.# 2/4 DIST- MORIGAON ASSA Advocate for the Petitioner : MR. P J SAIKIA, Advocate for the Respondent : SC, P AND R.D., SC, FINANCE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 12.02 .2025 None appears for the petitioner on call. Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department for the respondent nos. 1, 4 & 5, Ms. U. Das, learned Government Advocate, Assam for the respondent no.3 and Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no.2 are present. 2] The petitioner was awarded order to supply materials to the respondent authorities and the petitioner is a pog 12 the petitioner has a printing press and in pursuant to the order dated 28.03.2017 received from the respondent no.5 Project Director, DRDA, Morigaon the supply and printing works were executed and the total bill of Rs.4,81,250/- including VAT remained outstanding. In spite of the representation being filed, the amount remained unpaid. 3] Several opportunities were granted to the learned Standing Counsel, Panchayat and Rural Development Department by the Court to obtain Page No.# 3/4 instructions but today also when the matter was called up, Mr. S. Dutta submits that the amount could not be released because of lack of proper funds. 4] Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department has placed before the Court the communications dated 11.02.2024 and 29.11.2023 addressed by the Chief Executive Officer of Morigaon Zilla Parishad and the Project Director, DRDA, Morigaon to the Commissioner and Panchayat and Rural Development for release of funds for running the office and to meet the outstanding liabilities. The Chief Executive Officer of Morigaon Zilla Parishad has also informed in writing to the learned Standing Counsel, Panchayat and Rural Development that because of lack of funds the payment of the petitioner could not be made. 5] This Court time and again passed several orders directing the respective Authorities to clear the outstanding bills within the fixed time. 6] Upon perusal of the writ petition and instructions placed before the Court, this Court is of the view that the amount required to be paid to the petitioner is not disputed and the same could not be released due to paucity of fund. Accordingly, notwithstanding the prayer for grant of further time to the respondents, this Court considers it appropriate to close this writ petition at this stage directing the respondent authorities, more particularly, the respondent Page No.# 4/4 no.4 to expeditiously release the payments towards the writ petitioner in respect of the works executed. Any funds necessary for that purpose will be arranged by the respondent no.1 & 2 and it is made clear that the amount should be released by the respective authorities following the principles laid down by Tamsher Ali and Others vs. State of Assam and Others reported in 2008 (4) GLT 1. 7] With the above observations, the writ petition stands disposed of. JUDGE Comparing Assistant