Page No.# 1/6 GAHC010042902025 2025:GAU-AS:16368 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1247/2025 MUKESH KUMAR AGARWALA S/O. PUROSHOTTAM AGARWALA, R/O. MANKACHAR BAZAR, P.O. AND P.S. MANKACHAR, DISTRICT-SOUTH SALMARA MANKACHAR, ASSAM. PIN CODE-783131. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GHY-6. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GHY-6 3:THE CHAIRMAN OF THE SCREENING COMMITTEE -CUM- SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06 4:THEE DISTRICT COMMISSIONER SOUTH SALMARA MANKACHAR DISTRICT P.O.-HATSINGIMARI DIST-SOUTH SALMARA MANKACHAR ASSAM PIN-783135 5:THE CIRCLE OFFICER MANKACHAR REVENUE CIRCLE MANKACHAR Page No.# 2/6 P.O.-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM PIN-78313 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. R Islam Advocates for the respondent(s) : Mr. J Handique, Standing Counsel Revenue & Disaster Management Dept., Govt. of Assam Date on which Judgment is reserved :NA Date of Pronouncement of Judgment :01.12.2025 Whether the Pronouncement is of the : NA Operative Part of the Judgment Whether the Full Judgment has been : Yes Pronounced JUDGMENT & ORDER(ORAL) The instant writ petition is filed by the petitioner challenging the Page No.# 3/6 non-payment of the contractual bill of Rs.52,46,783/- for the work awarded to him vide the quotation dated 12.05.2016 issued by the Deputy Commissioner, South Salmara Mankachar District for supplying the good quality of common/grade-A/local (Raw) variety of rice, Masur dal (Big/Small) variety, Mustard Oil (with brand name) of 15 liters tin, Iodised salt, Chira, Gur, polythene sheet, Tarpaulin (size 15’X12’, 15’X18’), Cattle feed (wheat bran), Baby food (Cerelac) etc., for distribution amongst the flood/erosion and other natural calamities affected people of South Salmara, Mankachar District for a period of one year up to 31.03.2017 from the date of settlement under the terms and conditions mentioned in the said quotation. 2. The case of the petitioner herein is that pursuant to the quotation dated 12.05.2016, he submitted his quotation along with all the required documents before the authority concerned. It is stated that pursuant to the acceptance of the quotation(s) of the petitioner, several intent orders were issued by the Deputy Commissioner, South Salmara, Mankachar District in favour of the petitioner in two dates, i.e. on 27.07.2016 and 28.07.2016 respectively directing the petitioner to supply the G.R. items and hand over the same to the Assistant Director, FCS & CA, Hatsingimari. Accordingly, the petitioner supplied the same and thereafter submitted bills against each intent order amounting to Rs.52,46,783/- before the respondent authorities. However, the said amount has not been disbursed to him till date. Page No.# 4/6 3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner filed a writ petition before this Court being WP(C) No.7900/2017 and the said writ petition was disposed of vide the judgment and order dated 21.01.2021 directing the respondent authorities to examine the claim of the petitioner and pass appropriate order indicating the amount payable to the petitioner within a period of 4(four) months. 4. It is further submitted by the learned counsel for the petitioner that after obtaining the certified copy of the said judgment and order dated 21.01.2021, the petitioner submitted the same before the concerned authority. It is submitted that the respondent No.2 expressed its inability to make payment against such claim of the petitioner in view of the findings of the enquiry report submitted on 09.08.2023 and also due to the fact that the findings of the enquiry conducted by the Chief Minister’s Special Vigilance Cell is yet to be received by the Department. Hence, the petitioner has approached this Court by filing this writ petition. 5. Mr. J. Handique, the learned Standing Counsel appearing on behalf of the Revenue Department submitted that an affidavit-in-opposition has been filed by the Joint Secretary to the Government of Assam, Revenue & Disaster Management Department wherein it has been mentioned that the details have been received from the District Commissioner, South Salmara, Mankachar wherein it has been shown Page No.# 5/6 that an amount of Rs.52,46,783/- is payable to the petitioner. This aspect is being verified with the records as to whether the petitioner is entitled to the said amount. 6. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had made the supply pursuant to the supply orders issued, the petitioner would be entitled to the amount as claimed. However, for the same, verification on the part of the Respondent Authorities would be required. 7. This Court, therefore, disposes of the instant writ petition with the following observation(s) and direction(s):- i) The respondent authorities shall verify as to whether the petitioner had successfully executed the work, i.e. for supplying the good quality of common/grade-A/local (Raw) variety of Rice, Masur dal (Big/Small) variety, Mustard Oil (with brand name) of 15 liters tin, Iodised salt, Chira, Gur, polythene sheet, Tarpaulin (size 15’X12’, 15’X18’), Cattle feed (wheat bran), Baby food (Cerelac) etc. as per the terms and conditions of the quotation dated 12.05.2016. ii) The respondent authorities shall also verify as to whether the petitioner had submitted the requisite documents which are required for the purpose of releasing the outstanding amount as claimed by the petitioner. Page No.# 6/6 iii) The respondent authorities shall also verify the entitlement of the petitioner to the outstanding dues, and if upon verification in the manner stated above, it is found that the petitioner is entitled to any such amount, the respondent authorities shall pay the same to the petitioner. iv) 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 respondent No.2, i.e. the Principal Secretary to the Government of Assam, Revenue & Disaster Management Department, Dispur, Assam. JUDGE Comparing Assistant