Page No.# 1/6 GAHC010076812023 2025:GAU-AS:16917 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2116/2023 M/S RAJDEEP DEY A.D.P. ROAD, REPRESENTED BY ITS PROPRIETOR, RAJDEEP DEY, A.D.P. ROAD, S/O RABINDRA KR. DEY, R/O CHRISTIANPATTY, NAGAON, ASSAM VERSUS BODOLAND TERRITORIAL COUNCIL (BTR) AND 5 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY, BTC (BTR), KOKRAJHAR, ASSAM 2:THE SECRETARY P AND R.D BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM 3:THE DEPUTY SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM 4:TEH DIRECTOR P AND R.D DEPARTMENT BTC KOKRAJHAR 5:THE CIRCLE OFFICER KOKRAJHAR REVENUE CIRCLE KOKRAJHAR ASSAM 6:THE BLOCK DEVELOPMENT OFFICER Page No.# 2/6 SIDLI-CHIRANG DEVELOPMENT BLOCK SIDLI ASSA B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. A Sarma Advocates for the respondent(s) : Mr. NR Sarma Standing Counsel BTC Date on which Judgment is reserved : NA Date of Pronouncement of Judgment : 08.12.2025 Whether the Pronouncement is of the : NA Operative Part of the Judgment Whether the Full Judgment has been : Yes Pronounced JUDGMENT & ORDER(ORAL) The petitioner herein has approached this Court seeking a direction upon the respondent authorities to pay the bill amount of Rs.99,98,935/- against supply of 1818 pieces of water filter with stand (25 litres capacity) and Mahindra Dutta Umbrella (5881 pieces for ladies & 5618 pieces for Gents) in the Office of the DRDA, Kokrajhar Page No.# 3/6 and Chirang (Kajalgaon) vide the work order No.BTC/RD (Purchase)- 32/2017/33(A) dated 21.11.2018 and the approval letter No.DPRD/BTC( SOPD)-5/2017/256 dated 04.12.2018 under the signature of the Director Panchayat and Rural Development BTC Kokrajhar along with interest @ 12% per annum. 2. This Court had duly perused the materials on record including the various work orders on the basis of which the petitioner claims the amount as stated in the writ petition. 3. This Court had also perused the additional affidavit-in-opposition filed by the respondent Nos. 2 to 6 on 02.12.2024, wherein it has been categorically mentioned by the Principal Secretary of the BTC that the verification in respect to the contractual bills claimed by the petitioner shall be completed within two months from the passing of the aforesaid order dated 18.11.2024. 4. It is further seen that there is another additional affidavit-in- opposition wherein the Principal Secretary BTC have raised concerns as regards the working of the BTC and the flouting of the budgetary provisions by the BTAD authority in issuance of various contractual works. 5. Be that it may, in the said additional affidavit-in-opposition an enquiry report dated 26.02.2025 had been enclosed as Annexure-I to the Additional affidavit-in-opposition made by the Joint Secretary- Page No.# 4/6 cum-Enquiry Officer, BTC wherein it is mentioned that on account of non preparation of the APRs the payment to which the petitioner is entitled to could not be determined. It was also mentioned that the market rates in actual against the quoted items also are required to be verified prior to making payment to the petitioner. 6. When the matter was taken up on 22.10.2025, this Court enquired with the learned counsel appearing on behalf of the BTC as to what further actions have been taken in furtherance to the enquiry report dated 26.02.2025 enclosed as Annexure-I to the additional affidavit-in-opposition filed by the respondent Nos.2 to 6. Pursuant to various opportunities being granted by this Court from time to time, today the learned Standing Counsel of the BTC has placed before this Court a set of instructions dated 03.12.2025 which is kept on record and marked with the letter ‘X’. 7. From a perusal of the said instructions, it is seen that the Enquiry Officer could not ascertain the market rate inspite of a passage of 10(ten) months. Be that as it may, it is very pertinent to take note of that in the said instruction a communication of the Director, Panchayat and Rural Development BTC Kokrajhar has been forwarded to the Secretary P & RD on 03.12.2025, wherein the present rate of the water filters with stand had been mentioned as Rs.2995/- per piece. 8. This Court had heard the learned counsels appearing on behalf of Page No.# 5/6 the parties and had perused the materials on record. From the materials on record, it is clear that the petitioner herein was issued the work orders, in question. It is also seen that the petitioner had supplied the quantity in question. The grievance of the petitioner is that in spite of the supply being made, the respondent authorities have not made the payment. On the other hand, the respondent authorities instead of carrying out the necessary verification, have resorted to blaming the erstwhile BTAD dispensation. 9. Be that as it may, the fact remains that the petitioner had duly made the supply. Under such circumstances, it is, therefore, the opinion of this Court that as the petitioner has made the supply, the respondent herein are required to make payment to the petitioner. Consequently the instant writ petition, therefore, stands disposed of with the following observation(s) and direction(s): (i). The respondent authorities are directed to carry out the verification as to what amount the petitioner is entitled to pursuant to the supply so made by the petitioner (ii). To ascertain the amount which the petitioner has claimed, the petitioner is directed to place before the Secretary, BTC the details of the then prevailing rates of the water filter with stand as well as the umbrellas which were supplied by the petitioner during the relevant period of time. Page No.# 6/6 (iii). The respondent authorities on the basis of the said materials being placed shall carry out the necessary verification as to the entitlement of the petitioner and on the basis of such verification, if it is found that the petitioner is entitled to any amount, the said amount be paid to the petitioner. (iv). The entire exercise be completed within a period of 6(six) months from the date a certified copy of the present order along with the then prevailing rates of the water filters with stand and umbrellas in question which were supplied by the petitioner are furnished to the Secretary, BTC. JUDGE Comparing Assistant