Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010263552024
2025:GAU-AS:11921
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6710/2024 BHAIRAB YADAV SON OF LATE JANG YADAV, RESIDENT OF W/NO.1, P.M. DUTTA ROAD (GOWALA PATTY), P.O. AND P.S. DHUBRI, DIST.- DHUBRI, ASSAM, PIN- 783301 VERSUS THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE DEPARTMENT, DISPUR, GUWAHATI-6 2:THE CHIEF ELECTORAL OFFICER ASSAM DISPUR GUWAHATI-6 3:THE DISTRICT COMMISSIONER DHUBRI ELECTION BRANCH DHUBRI- 78330 Advocate for the Petitioner : MR. S K DAS, MR A I TALUKDAR Advocate for the Respondent : GA, ASSAM, SC, ELECTION COMMISSION.,SC, FINANCE
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER Date : 03-09-2025 Heard Mr. S. K. Das, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned Government Advocate for the State respondents and Mr. A. Ali, learned Standing Counsel for the Election Commission.
2. By filing this writ petition, the petitioner has prayed for a direction to release the outstanding bill of Rs. 2,18,580/- (Rupees Two Lakh Eighteen Thousand Five Hundred Eighty) for the work of supply of labourers engaged for loading/carrying of EVMs/VVPATs from warehouse to trucks and LAC wise segregation of 1st level randomized EVMs/VVPATs and also for distribution of election materials Cell to distribution counters and strong rooms etc. in the District of Dhubri in connection with the Parliamentary Election, 2019.
3. It is contended that the petitioner was issued work orders for supply of labourers engaged in various cells in connection with the Parliamentary Election, 2019 by the Deputy Commissioner, Dhubri. On such issuance of work order, the petitioner has engaged labourers for loading/carrying of EVMs/VVPATs from warehouse to trucks, LAC wise segregation of 1st level randomized EVMs/VVPATs and distribution of election materials Cell to distribution counters and strong rooms. The petitioner has executed the work with full satisfaction of the concerned authority. After execution of the work, the petitioner submitted a total bill amount for the works amounting to Rs. 4,30,500/- (Rupees Four Lakh Thirty Thousand Five Hundred). It is submitted that out of the said total bill amount, the
Page No.# 3/4 respondent authorities has released Rs. 2,11,920/- (Rupees Two Lakh Eleven Thousand Nine Hundred Twenty) to the petitioner vide order dated
10.09.2019. However, the remaining balance amount of Rs. 2,18,580/- (Rupees Two Lakh Eighteen Thousand Five Hundred Eighty) is yet to be released by the respondent authorities. Therefore, Mr. Das, learned counsel for the petitioner submits that the respondent authorities may be
directed to release the admitted outstanding bill amount of Rs. 2,18,580/- (Rupees Two Lakh Eighteen Thousand Five Hundred Eighty) to the petitioner.
4. Mr. S. K. Das, learned counsel for the petitioner and Mr. A. Ali, learned Standing Counsel for the Election Commission have fairly submitted that the claim by the petitioner of Rs. 2,18,580/- (Rupees Two Lakh Eighteen Thousand Five Hundred Eighty) is an admitted amount. Therefore, the respondents may be granted some time to make payment of the said admitted amount to the petitioner.
5. Having considered the submissions of the learned counsel for the parties and also considering that the amount of Rs. 2,18,580/- (Rupees Two Lakh Eighteen Thousand Five Hundred Eighty) is an admitted amount, I deem it appropriate to dispose of this writ petition with a direction to the respondent authorities to release the outstanding dues of the petitioner.
6. Accordingly, the respondent authorities are directed to release the outstanding amount of Rs. 2,18,580/- (Rupees Two Lakh Eighteen Thousand Five Hundred Eighty) to the petitioner, within a period of 3 (three) months from the date of receipt of the certified copy of this order.
Page No.# 4/4
7. Writ petition stands disposed of.
JUDGE Comparing Assistant