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2025 DAILYLAW 19202 (GAU)

JITEN CHOUDHURY v. THE STATE OF ASSAM AND 2 ORS

WP(C)/5505/2023 · 2025-02-16

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010206992023 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5505/2023 JITEN CHOUDHURY (AUTHORIZED SIGNATORY ON BEHALF OF NIRMAL SEEDS PVT. LTD.), S/O- LATE RAMANI CHOUDHURY, R/O- C/O- THANESWAR MEDHI, HOUSE NO. 6, NABAGRAH NATUN NAGAR, (KUWARPARA), NEAR BISHNU MANDIR, SILPUKHURI, P.O.- SILPUKHURI, GUWAHATI- 781003, DIST.- KAMRUP(M), ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, AGRICULTURE DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE DISTRICT AGRICULTURAL OFFICER KAMRUP ULUBARI GUWAHATI- 781007. 3:SUB-DIVISIONAL AGRICULTURAL OFFICER GUWAHATI KAMRUP ULUBARI GUWAHATI- 70 Advocate for the Petitioner : MS S CHAKRABORTY, MS K GOSWAMI Advocate for the Respondent : SC, AGRI. DEPARTMENT, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 17.02 .2025 Heard Ms. S. Chakraborty, learned counsel for the petitioner. Also heard Ms. G. Bora, learned Standing Counsel, Agriculture Department. The petitioner is before the Court seeking a direction for release of the outstanding dues payable to the petitioner for supply of Soil Enricher Bio Power (Micronutrient) Nutrient Management under NFSM-Certified Pulse Seeds as subsidy component. The petitioner was issued an indent to supply the said item by the letter of the District Agriculture Officer, Kamrup vide letter No.DAO(K)/M/Acctt-47/NFSM-Proc/2019-20-6460 dated 20.12.2019. Pursuant to the directions of this Court an affidavit has been filed by the District Agriculture Officer, Kamrup, wherein at Paragraph 5 there is an averment that the petitioner has supplied the item as indent and supply order amounts to Rs. 2,97,698/- However, the said amount could not be released due to lack of fund. It is further submitted that the process of requisition of fund has been initiated and once the fund is received the payment will be made against the tax invoice as per the guidelines laid down. In view of the averments in the affidavit this Court considers it appropriate to close the matter at this stage with a direction to the respondent authority more particularly, all the respondents including District Agriculture Officer, Kamrup to take all necessary steps for securing the fund required for release of the outstanding bills of the writ petitioner. This entire exercise will be completed within 60 days from the date of Page No.# 3/3 received of certified copy of this order. This writ petition is accordingly disposed of. JUDGE Comparing Assistant