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2025 DAILYLAW 22417 (GAU)

M/S MRIDUL KUMAR LASKAR v. THE STATE OF ASSAM AND 4 ORS

WP(C)/7269/2023 · 2025-09-18

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010279152023 2025:GAU-AS:13010 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7269/2023 M/S MRIDUL KUMAR LASKAR A REGISTERED PROPRIETORSHIP FIRM OWNED AND REPRESENTED BY ITS PROPRIETOR SRI MRIDUL KUMAR LASKAR AGED ABOUT 48 YEARS, SON OF LATE SURENDRA MOHAN LASKAR, HAVING ITS REGISTERED OFFICE AT TRIPURA ROAD, 1 NO. UDAYAN PATH, BELTOLA, GUWAHATI, PIN- 781028, PHONE NUMBER- 7896382488 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF AGRICULTURE AND HORTICULTURE, DISPUR, GUWAHATI- 781006, ASSAM 2:THE SECRETARY DEPARTMENT OF AGRICULTURE GOVERNMENT OF ASSAM DEPARTMENT OF AGRICULTURE AND HORTICULTURE DISPUR GUWAHATI- 781006 ASSAM 3:THE DIRECTOR OF AGRICULTURE GOVERNMENT OF ASSAM AGRICULTURAL COMPLEX KHANAPARA G.S.ROAD GUWAHATI PIN- 781022 4:THE ASSAM SEEDS CORPORATION LIMITED REPRESENTED BY THE MANAGING DIRECTOR Page No.# 2/5 HAVING ITS OFFICE AT KHANAPARA GUWAHATI-22 ASSAM 5:THE MANAGING DIRECTOR THE ASSAM SEEDS CORPORATION LIMITED HAVING ITS OFFICE AT KHANAPARA GUWAHATI-22 ASSA For the Petitioner(s) : Mr. H. Buragohain, Advocate For the Respondent(s) : Ms. G. Bora, SC, Agriculture BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 19.09.2025 Heard Mr. H. Buragohain, the learned counsel appearing on behalf of the Petitioner and Ms. G. Bora, the learned Standing counsel appearing on behalf of the Agriculture Department. 2. The instant writ petition has been filed being aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the bills of the Petitioner. 3. The case of the Petitioner herein is that the Petitioner is an authorized supplier/contractor under the Agriculture Department of the Government of Assam. The learned counsel for the Petitioner submitted that the Petitioner participated in a tender process pursuant to Notice Inviting Tender/E-Tender bearing Notice No. ASC/MKT/01/Re- Tender/2018-19/19-20/3898 dated 05.02.2019, and upon being found Page No.# 3/5 eligible, Respondent Nos. 4 and 5 awarded him two work orders, both dated 13.10.2020, for the supply of (i) Hybrid Maize Seeds Var. Bisco Champion-61, under Flood Damage Restoration under Disaster Management 2020-21, and (ii) Hybrid Maize Seeds, Var. Bisco-97 Gold, under Flood Damage Restoration under Disaster Management 2020-21. 4. It is the case of the Petitioner that he successfully executed the works and accordingly submitted the bills in respect thereof. The Petitioner asserts that he is entitled to an amount of Rs.11,59,000/- and Rs.11,92,500/- for the aforesaid work orders respectively totaling Rs.23,51,500/-. The learned counsel for the Petitioner submitted that the Petitioner had submitted various representations to the Respondent Authorities for release of the amount however the said amount of Rs.23,51,500/- is still pending, for which the Petitioner has approached this Court under Article 226 of the Constitution. 5. It is the further case of the Petitioner that the aforesaid amount has been duly verified by the Respondent Authorities; however, despite such verification, the admitted bill amount has not been released to the Petitioner. 6. Ms. G. Bora, the learned Standing counsel appearing on behalf of the Agriculture Department during the course of the hearing has placed before this Court an instruction issued by the Nodal Officer (Legal Cell), Directorate of Agriculture, Assam dated 06.09.2025. The said instruction is kept on record and marked with the letter “X”. 7. From a perusal of the said instruction, it appears that after due Page No.# 4/5 verification, the Respondents have admitted that the Petitioner is entitled to an amount of Rs.23,51,500/-. The contents of the said instruction being relevant are reproduced herein under: “GOVERNMENT OF ASSAM DIRECTORATE OF AGRICULTURE, ASSAM KHANAPARA, GUWAHATI-22 Email: agri-dept@nic.in No. AGRI/Esstt/9014/2024-25/135 Date: 06/09/2025 To: Ms Geetashree Bora Standing Counsel Department Of Agriculture Sub: Furnishing of updated information in regards to the direction of court order dtd 22.08.2025 vide case no vide case No. WP(C)/7269/2023. Ref 1: Email received on 1st of September 2025 Ref 2: Order copy of WP(C)/7269/2023 dtd 22.08.2025 (Mridul Kumar Laskar Vs the State of Assam & 4 Ors.) Madam, With reference to the subject cited above, I have the honor to inform you that the admitted amount of Rs 23,51,500/- which has been confirmed by ASCL through affidavit will be initiated for payment from the allocated decreed amount of Rs 1172.20 lakh under SOPD earmarked for the year 2025-26 as soon as the receipt of Hon'ble High Court payment instruction verdict vide case No. WP(C)7269/2023. This is for favor of your kind information and necessary action. Enclo: As stated Yours Faithfully Rakibul Faruque N.O. (Legal Cell) Directorate of Agriculture, Assam Khanapara, Guwahati -22” 8. Taking into account the above, this Court therefore disposes of the Page No.# 5/5 instant writ petition with a direction to the Respondent Authorities to pay the Petitioner the admitted amount of Rs.23,51,500/- or such amount after statutory deductions. Any amount paid during the pendency of the present proceedings would be set off at the time of disbursal of the amounts to the Petitioner. 9. The said exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the Respondent No.3. 10. With the above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant