Page No.# 1/8 GAHC010101072023 2025:GAU-AS:16217 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2689/2023 M/S NISHITA ENTERPRISE A REGISTERED CONTRACTOR AND GOVT. SUPPLIER REGISTERED BY SABITA TAMULI, (PROPRIETOR), AGED ABOUT 38 YEARS, C/O- LATE PRASANNA BARMAN, VILL.- JHAPAUKUCHI, P.O.- CHOUKBAZAR, DIST.- NALBARI, ASSAM, PIN- 781334. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE CHAIRMAN DWSC CUM DEPUTY COMMISSIONER NALBARI. 3:MEMBER SECRETARY DWSC CUM EXECUTIVE ENGINEER(PHE) NALBARI DIVISION NALBARI ASSAM Page No.# 2/8 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH For the petitioner (s) : Mr. S. Hazarika, Advocate For the respondent (s) : Mr. I. Borthakur, SC, PHE Date on which judgment is reserved : NA Date of pronouncement of judgment : 26.11.2025 Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been Pronounced? : Yes JUDGMENT AND ORDER (ORAL) Heard Mr. S. Hazarika, the learned counsel appearing on behalf of the petitioner and Mr. I. Borthakur, the learned Standing Counsel of the Public Health Engineering Department. 2. The present writ petition has been filed seeking a direction upon the respondents to forthwith release the admitted bill amount of Rs.42,21,978/- to the petitioner in terms with various work orders. 3. The case of the petitioner herein is that the petitioner firm was awarded with various work orders vide Order No.MS/DWSC/NAL/NBA-28/4714 dated 01.12.2019 for supply of photo print, spiral binding, paper scanning etc. work Order Page No.# 3/8 No.MS/ DWSC/NAL/NBA-28/2021-22/1463 dated 02.07.2021 for supply of printing leaflet (Assamese) multi-colour photograph and sanitation message, Work Order No.MS/DWSC/NAL/NBA-28 / 2021-22 / 1147 dated 22.06.2021 for supply of printing leaflet (Assamese) multi-colour photograph and sanitation message, Work Order No.MS/ DWSC/ NAL /2021-22/862 dated 14.06.2021 for supply of printing of leaflet single side multi-colour Work Order No.MS/DWSC/NAL/NBA-28/2021-22/671 dated 01.06.2021 for supply of printing leaflet (Assamese) multi-colour photograph and sanitation message, Work Order No. MS/ DWSC/NAL/NBA- 28/2021-22/601 dated 18.05.2021 for supply of printing leaflet (Assamese) multi-colour photograph and sanitation message, Work Order No.MS/DWSC/NAL/NBA-28/340 dated 05.05.2021 for supply of folder 4 Fold multi-colour, Work Order No.MS/DWSC/NAL/NBA-28/269 dated 29.04.2021 folder 4 Fold Multi-colour, Work Order No.MS /DWSC/NAL/NBA-28/228 dated 26.04.2021 folder 4 Fold Multi colour, Work Order No.MS/DWSC/NALNBA-28/196 dated 22.04.2021 for supply of leaflet (single side) multi-colour, Work Order No.MS /DWSC/NAL/NBA-28/150 dated 17.04.2021 leaflet (single side) multi-colour, Work Order No.MS/DWSC/NAL/NBA-28/138 dated 13.04.2021 for supply of leaflet (single side) multi colour, Work Order No.MS/DWSC/ NAL/ NBA-28 /2021-22/824 dated Page No.# 4/8 10.06.2021 for supply of supply of printing leaflet (Assamese) multi-colour photograph and sanitation message, Work Order No.MS/DWSC/NAL/SBM(G)-01/2021-22/4345 dated 09.11.2021 for supply of paper scanning, photo print and spiral binding and Work Order No.MS/DWSC/NAL/2021-22/1894 dated 17.07.2021 for supply of printing of leaflet single side multi-colour by the respondent No.3, Member Secretary, DWSC-cum-Executive Engineer (PHE), Nalbari Division for supply of different types of IEC materials with good quality paper as per design and specification for SBM (G) to the office of the Member Secretary Cum Executive Engineer (PHE), Nalbari. 4. It is the case of the petitioner that the petitioner made the requisite supply as per the works awarded within the time specified by the Respondent Authorities and that too, to the satisfaction of the Respondent Authorities. It is also stated that there is no complaint from any quarter whatsoever as regards the supply of the materials against the work orders allotted to the petitioner. Thereupon, the petitioner expected that the Respondent Authorities would release the bills. But no initiative was taken by the Respondent Authorities for payment. Under such circumstances, the petitioner submitted various representations from time to time and as the representations did not receive any favourable response, the petitioner has filed the Page No.# 5/8 instant writ petition thereby seeking direction upon the respondents to pay the amount of Rs.42,21,978/-. Pursuant to the filing of the instant writ petition, this Court issued notice on 19.05.2023. 5. An affidavit-in-opposition has been filed by the respondent No.4 on 13.11.2025 wherein it is categorically mentioned that the petitioner submitted representation dated 21.02.2023 for releasing of the contractual dues to the petitioner. It is also mentioned that upon receipt of the said representation on 21.02.2023, a letter dated 24.04.2023 was issued to the petitioner. It is mentioned in the letter which has been enclosed as Annexure-A to the said affidavit-in-opposition that in respect to the bill pertaining to the work order dated 09.11.2021, the same has been cleared from the Division. However, in respect to the bills pertaining to the other work orders, no records have been found about the official receipts of the materials and challan copies from the orders claimed by the petitioner. The petitioner was therefore requested to submit the challan copies and official receipts of the materials duly signed by the authority along with documentation of the events (if any) to the office of the Executive Engineer PHE, Nalbari Division, immediately, else it was also mentioned that the bills could not be processed. 6. The record further reveals that in continuation to the Page No.# 6/8 communication dated 24.04.2023, the respondents have issued reminders on 31.07.2023 and 29.08.2023. It is relevant to take note of the communication dated 29.08.2023 whereby the petitioner was again asked to submit the official receipts of the materials and delivery challan copies with signatures and seal of the receiving authority for the bills claimed by the petitioner and it was also mentioned that if the same are not received within seven days, the bills would not be entertained. 7. No affidavit-in-reply there against has been filed. 8. This Court has heard the learned counsels appearing on behalf of the parties and has duly perused the materials on record. From the materials so placed before this Court, it seems that on one hand, the petitioner claims certain accounts on the basis of certain work orders and bills submitted by the petitioner and on the other hand, the respondents have duly admitted that the bill pertaining to the work order dated 09.11.2021 has already been cleared. However, in respect to the other bills pertaining to the various work orders, there being no record available, the official receipts of the materials and challan copies were requested from the petitioner. The petitioner was on three occasions asked to submit such records. However, it appears that the petitioner did not submit and instead approached this Court by filing the present writ petition. Page No.# 7/8 9. It is the opinion of this Court that as to whether the petitioner supplied those materials in terms with the work orders and as to whether such materials were duly received are questions which can only be adjudicated in a forum wherein evidence can be led. 10. This Court further cannot direct in absence of official receipts of materials as well as challan copies to verify the entitlement of the petitioner and thereupon to make payment. 11. Under such circumstances, it is therefore the opinion of this Court that this is not a fit case for exercising the jurisdiction under Article 226 of the Constitution. 12. Accordingly, the writ petition stands dismissed. 13. Before parting with the records, this Court however finds it pertinent to observe that the dismissal of the instant writ petition shall not prejudice as well as preclude the petitioner to approach the competent Court of Civil Jurisdiction claiming their dues in terms with the work orders, if so permissible under law. This Court further grants liberty to the petitioner to submit the official receipts of the materials and delivery challan copies with signatures and seal of the receiving authorities and if such documents are duly submitted, the dismissal of the instant writ petition shall not act as a bar on the part of the Respondent Page No.# 8/8 Authorities to consider the claim of the petitioner. JUDGE Comparing Assistant Pradip Kumar Kalita Digitally signed by Pradip Kumar Kalita Date: 2025.12.03 13:14:19 +05'30'