Page No.# 1/5 GAHC010290642023 2025:GAU-AS:12997 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7609/2023 MAHANANDA SARMAH S/O- LATE GAGAN CHANDRA SARMAH, R/O- AMULAPATTY, DHAKUAKHANA, P.O. AND P.S.- DHAKUAKHANA, DISTRICT- LAKHIMPUR, ASSAM, PIN- 787055. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SPECIAL COMMISSIONER AND SECRETARY TO THE GOVT. ASSAM, PUBLIC WORKS (BUILDING) DEPARTMENT, ASSAM, SACHIVALAYA, DISPUR, GUWAHATI-6, DISTRICT- KAMRUP(M), ASSAM. 2:THE SPECIAL SECRETARY TO THE GOVT. OF ASSAM PUBLIC WORKS (BUILDING) DEPARTMENT ASSAM SACHIVALAYA DISPUR GUWAHATI-6 KAMRUP(M) ASSAM. 3:THE CHIEF ENGINEER PUBLIC WORKS (BUILDING) DEPARTMENT ASSAM CHANDMARI GUWAHATI-03 DISTRICT- KAMRUP(M) Page No.# 2/5 ASSAM. 4:THE EXECUTIVE ENGINEER PUBLIC WORKS (BUILDING) DEPARTMENT ASSAM NORTH LAKHIMPUR BUILDING DIVISION DISTRICT- LAKHIMPUR ASSAM PIN- 787001 For the Petitioner(s) : Mr. U. K. Deka, Advocate For the Respondent(s) : Mr. B. Gogoi, Addl. AG, Assam BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 19.09.2025 Heard Mr. U. K. Deka, the learned counsel appearing on behalf of the Petitioner and Mr. B. Gogoi, the learned Additional Advocate General, Assam who is also the Standing counsel for the PWD. 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 a registered Government contractor and supplier, engaged in the contract and supply of various stationery, printing materials and other items to various Government/semi-Government organizations, agencies and departments. Page No.# 3/5 4. It is the case of the Petitioner that for the smooth functioning of official works and to meet official requirements, the Respondent No.4 i.e., the Executive Engineer, Public Works (Building) Department, Assam, issued a supply order bearing No. Acctt/74/2839 dated 04.08.2011 to the Petitioner for supply of materials, including various stationery items within 7 (seven) days from the date of the order and further directed the Petitioner to submit the bills in triplicate for payment. The learned counsel for the Petitioner submitted that in terms of the aforesaid supply order dated 04.08.2011, the Petitioner supplied all the items forthwith and submitted a bill amounting to Rs.29,053/-, which was duly received by the Respondent Authorities. 5. The learned counsel for the Petitioner further submitted that, thereafter, on various dates, i.e. 21.01.2012, 14.03.2012, 27.12.2012, 26.02.2014, 02.08.2014, 28.01.2015, 29.04.2015, 28.08.2015, 19.10.2015, 06.01.2016, 02.03.2016, 20.05.2016, 27.06.2016, 11.08.2016, 23.12.2016, 03.02.2017, 27.03.2017, 03.05.2017, 22.06.2017, 17.07.2017, 16.08.2017, 28.08.2017, 17.10.2017, 24.04.2018 and 01.10.2018, the Respondent No.4 issued various supply orders to the Petitioner for supply of different items. The Petitioner duly supplied the said items to the authority and submitted the corresponding bills. The learned counsel further submitted that the Petitioner raised bills amounting in total to Rs.7,06,117/-, but till date the said amount has not been released by the Respondent Authorities to the Petitioner. 6. It is the further case of the Petitioner that the Petitioner had Page No.# 4/5 submitted a representation on 30.06.2021 to the Respondent No.3 i.e. the Chief Engineer, PWD (Building) for release of the amount however the said amount of Rs.7,06,117/- is still pending, for which the Petitioner has approached this Court under Article 226 of the Constitution. 7. Mr. B. Gogoi, the learned Additional Advocate General appearing on behalf of the PWD submitted that as to whether the Petitioner has supplied the stationary items in terms with the supply orders in question is a subject matter of verification which needs to be carried out by the Respondent Authorities and it is only on the basis of such verification, the actual entitlement of the Petitioner could be ascertained. 8. Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities to verify as to whether the Petitioner has supplied the items in accordance with the supply orders and thereupon to ascertain the exact amount to which the Petitioner is entitled to, if any. 9. It is under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the Respondent Authorities more particularly the Respondent Nos. 2, 3 and 4 to verify the entitlement of the Petitioner on the basis of supply orders which were issued in favour of the Petitioner and as to whether the Petitioner has supplied the goods in question and thereupon, after verification if it is found that the Petitioner is entitled to any amount, the same should be paid to the Petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported Page No.# 5/5 in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the Respondent No.2. 10. Taking into account that the Petitioner has approached this Court in respect to the non-payment of dues for supplies made during the period from 2011 to 2018 and had approached this Court in the year 2023, this Court observes that it shall be the burden upon the Petitioner to produce all the supply orders as well as the date when supplies were made and who had received the same to the satisfaction of the Respondents. It is only upon such satisfaction, the Respondent Authorities would be required to undertake the verification in terms with the directions contained in paragraph No.9 hereinabove. 11. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant