M/S PRAGATI HOSPITAL AND RESEARCH CENTRE v. THE STATE OF ASSAM AND 3 ORS
WP(C)/1986/2024 · 2025-12-04
Rajesh Mazumdar
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 23908 (GAU) · dailylaw.ai ]
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[ 2025 DAILYLAW 23908 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010068482024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1986/2024 M/S PRAGATI HOSPITAL AND RESEARCH CENTRE REPRESENTED BY ITS SUPERINTENDENT SRI DHRUBAJYOTI SAIKIA, S/O- LATE PADMADHAR SAIKIA, ADDRESS- NH-37 BYPASS, JENGANIKATIA SIVASAGAR, DIST. SIVASAGAR, PIN- 785640. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, GOVT. OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN-
781006. 2:THE ASSAM STATE DISASTER MANAGEMENT AUTHORITY REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER ANCILLARY BLOCK JANATA BHAWAN DISPUR GUWAHATI ASSAM PIN- 781006. 3:THE DISTRICT DISASTER MANAGEMENT AUTHORITY SIVASAGAR REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER ASSAM PIN- 785640. 4:THE DISTRICT COMMISSIONER SIVASAGAR ASSAM PIN- 785640
Page No.# 2/3 Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 05-12-2025 Heard Mr. S. Borthakur, learned counsel for the petitioner and also heard Mr. K. Gogoi, learned Addl. Sr. Government Advocate appearing for all respondents. This matter relates to prayer for direction for payment of the bills raised by the petitioner for services provided as per the MoU dated 27.05.2020 entered into for disposal of biomedical waste generated in the quarantines centres and treating centres during Covid-19 period. Mr. K. Gogoi, learned Addl. Sr. Government Advocate has produced the instruction addressed to him by the Addl. District Commissioner, Sivasagar, which indicates that during the verification of the bills of the petitioner it was found that the petitioner has not submitted the work order and the quantum of collection of biomedical waste certified by the authorized persons at the collection points. In this connection, letter were sent to the writ petitioner vide No. SVRR/COVID-19/29/2020/50 dated 28.12.2023 to submit the supporting records against the amount claimed. It is reflected in the instruction that the writ petitioner has not submitted the aforesaid records to the authority till date. The bills are now in verification stage and can be cleared post verification subject to fulfillment of the aforesaid documents and other financial guidelines. Page No.# 3/3 Face with this situation, the learned counsel for the petitioner has fairly submitted that this writ petition may be disposed of giving the liberty to the petitioner to submit all requisite documents along with his bills again to the appropriate authority. Mr.
K. Gogoi, learned Addl. Sr. Government Advocate does have objection to such prayer. Accordingly, this writ petition is disposed of by giving liberty to the petitioner to re-submit all his bills along with all the requisite documents to the appropriate authority, who on receipt of the bills shall expeditiously verified and shall inform the petitioner the deficiency, if any, so that the petitioner may correct them. Upon verification, the respondents shall thereafter take appropriate action as required within a period of 45 days thereafter. Writ petition is disposed. No costs. The instruction produced by Mr. K. Gogoi, learned Addl. Sr. Government Advocate is kept on record and marked as Annexure-X. JUDGE Comparing Assistant