Page No.# 1/4 GAHC010136862025 2025:GAU-AS:14197 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3515/2025 MANIK SAHA SON OF LATE HAREKRISHNA SAHA, RESIDENT OF WARD NO 3, DHUPAR TOL, FAKIRGRAM, KOKRAJHAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI781006. 2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY BODOFA NWGWR KOKRAJHAR (BTR) PIN783370 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI PIN-781006. 4:THE DISTRICT COMMISSIONER KOKRAJHAR BTR ASSAM PIN783370 5:THE ADDITIONAL DISTRICT COMMISSIONER KOKRAJHAR Page No.# 2/4 BTR ASSAM PIN- 783370 For the petitioner : Mr. B. M. Deka, Advocate For the respondents : Mr. A. K. Bhuyan, SC, BTC BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Date of Hearing : 24.10..2025 Date of Judgment : 24.10.2025 JUDGMENT AND ORDER (ORAL) The instant writ petition is filed by the petitioner challenging the non- payment of the contractual bill of Rs.23,01,894/- for supply of materials and hiring of generator etc. as demanded by the Office of the District Commissioner, Kokrajhar by the Respondent Authorities. 2. The case of the petitioner herein is that the petitioner was awarded work/supply orders dated 06.11.2020 and 29.12.2020 respectively for generators on hire basis and supply of different materials for the Army Camps at different locations within BTR area for the counterinsurgency operations by the respondent No.4, and accordingly, the petitioner had supplied the said articles including the generators on hire basis as per the said work orders and having successfully accomplished the said work orders. The petitioner thereupon submitted bills related to the work done vide Bill No.09 dated 10.02.2021 and Bill No.25 dated 31.12.2021 respectively amounting to Rs.23,01,894/- before the Office of the District Commissioner, Kokrajhar. Thereafter the Respondent Authority had issued work completion certificate against the work and supply as well as Page No.# 3/4 the bills raised by him were certified by the Respondent Authorities. However, the said amounts have not been disbursed to the petitioner, for which the present writ petition. 3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner had been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.23,01,894/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition. 4. Mr. A. K. Bhuyan, the learned Standing Counsel appearing on behalf of the BTC submitted that necessary verification process is going on as regards the entitlement of the petitioner of an amount of Rs.23,01,894/-. 5. 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. 6. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- i) The Respondent Authorities shall verify as to whether the petitioner had supplied the materials and had provided for hiring of Page No.# 4/4 generator etc. as demanded by the Office of the District Commissioner, Kokrajhar as per the terms and conditions of the work orders dated 06.11.2020 and 29.12.2020. 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. 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, the Bodoland Territorial Council. (v) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioner shall be set off while making payment to the petitioner. JUDGE Comparing Assistant