Page No.# 1/4 GAHC010180042023 2025:GAU-AS:892 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4726/2023 BRAHMAPUTRA TRADE AGENCY REPRESENTED BY ITS PROPRIETOR JAGADISH MEDHI, SON OF LATE BHOGIRAM MEDHI, ADDRESS- RAJGARH ROAD, NEAR BYE LANE NO. 3, GUWAHATI-03, ASSAM. VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, AGRICULTURE DEPARTMENT, DISPUR, GUWAHATI. 2:THE DIRECTOR DIRECTORATE OF AGRICULTURE GOVERNMENT OF ASSAM KHANAPARA GUWAHATI-22 Advocate for the Petitioner : MR. N J DUTTA, D HUSSAIN,MR. K D SARMA Advocate for the Respondent : SC, AGRI. DEPARTMENT, Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR ORDER Date : 28.01.2025 Heard Mr. K. D. Sarma, learned counsel for the petitioner. Also heard Ms. G. Bora, learned Standing Counsel, Agriculture Department, for all the respondents. 2. The present writ petition has been filed by the petitioner praying for a direction to the respondents for payment of outstanding bill amount of Rs.9,91,160/- (Rupees Nine Lakh Ninety One Thousand One Hundred Sixty) on account of supply of stationary articles. 3. The respondent No. 2, who is the Director, Directorate of Agriculture, Government of Assam, has filed an affidavit and in Paragraph- 6, 7 & 8, it is stated as under:- “6. That as regards to the statements made in paragraph No. 3of the Writ petition, this answering deponent admit those statement which are supported by records and further begs to state that Directorate of Agriculture has issued supply order to the petitioner's Firm vide letter no. Agri/Esstt/8573/2021-22/68 dated 26/09/2021 to supply stationary Articles within 7 days from the date of receipt of the aforementioned letter. 7. That as regards to the statements made in paragraph Nos.. 4 & 5, of the Writ petition, this answering deponent admit those statement Page No.# 3/4 which are supported by records and further begs to state that the respondent had received the supplied items from the petitioner vide Challan No.442 dated 30/09/2021. Thereafter the petitioner had submitted a bill for payment of Rs. 9,91,160/-Vide Bill No.498 dated nill before the respondent no.2 and the same was received by this Deponent's Office on 22/11/2021. 8. That as regards to the statements made in paragraph Nos. 6&& 7 of the Writ petition, this answering deponent begs to state that the Directorate of Agriculture had processed the bill submitted by the petitioner's Agency, however due to shortage of fund, It could not make payment on time. It is worth mentioning herein that the respondent no.2 had clearly mentioned in the Supply Order dated 26/09/2021 that "Payment will be initiated subject to availability of Fund".” 4. A perusal of the aforesaid Paragraphs made in the affidavit-in-opposition would indicate that the respondents are admitting the outstanding bill of Rs.9,91,160/- (Rupees Nine Lakh Ninety One Thousand One Hundred Sixty), on account of supply of stationary articles to the respondent’s Office. 5. Ms. G. Bora, learned Standing Counsel, Agriculture Department, also submits that as the amount of Rs.9,91,160/- (Rupees Nine Lakh Ninety One Thousand One Hundred Sixty) is admitted, the respondents may be given some time to clear the outstanding dues to the petitioner. 6. After hearing the learned counsel for the parties, as well as the averments Page No.# 4/4 made in Paragraph- 6, 7 & 8 of the affidavit-in-opposition filed by the respondent No. 2, the present writ petition is disposed of directing the respondent Nos. 1 & 2 to clear the admitted outstanding dues to the petitioner, i.e. Rs.9,91,160/- (Rupees Nine Lakh Ninety One Thousand One Hundred Sixty) within a period of 3 (three) months from the date of receipt of a certified copy of this Court’s Order. 7. With the above observations and directions, this writ petition is disposed of. JUDGE Comparing Assistant