Page No.# 1/4 GAHC010015882025 2025:GAU-AS:3346 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/565/2025 M/S GARV ENTERPRISE AND ANR REPRESENTED BY ITS PROPRIETOR MRS. BINITA AGARWALA A REGISTERED PROPRIETORSHIP FIRM HAVING ITS OFFICE AT WARD NO. 3 SANTI NAGAR P.O. AND P.S. KOKRAJHAR DIST.- KOKRAJHAR BTR ASSAM PIN- 783370 2: BINITA AGARWALA C/O- KAILASH CHAND JALAN PROPRIETOR OF M/S GARV ENTERPRISE R/O- WARD NO. 3 SANTI NAGAR P.O. AND P.S. KOKRAJHAR DIST.- KOKRAJHAR BTR ASSAM PIN- 783370 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM AGRICULTURE DEPARTMENT DISPUR GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARMENT DISPUR Page No.# 2/4 GUWAHATI-6 3:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI -22 4:THE MANAGING DIRECTOR ASSAM SEEDS CORPORATION LIMITED KHANAPARA GUWAHATI-22 5:THE NODAL OFFICER (RKVY) RASHTRIYA KRISHI VIKASH YOJANA KHANAPARA GUWAHATI-22 ------------ Advocate for : MR B P BORAH Advocate for : SC AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 4 ORS BEFORE HON’BLE MR. JUSTICE LANUSUNGKUM JAMIR O R D E R 25.03.2025 Heard Mr. P.K. Goswami, learned senior counsel assisted by Mr. B.P. Borah, learned counsel for the petitioner. Also heard Ms. G. Borah, learned Standing Counsel, Agriculture Department for the respondent Nos. 1, 3 and 5, Mr. A. Chaliha, learned Standing Counsel, Finance Department for the respondent No.2 and Mr. S. Chamaria, learned Standing Counsel, Assam Seeds Corporation Limited for the respondent No.4. 2. The petitioner being eligible, participated in a E-Tender process issued vide E-Tender No.ASC/MKT/ Retender/2018-19/2019-20/3898 dated 05.02.2019, issued by the Managing Director, Assam Seeds Corporation. Page No.# 3/4 Thereafter, the Director of Agriculture, Assam issued the Indent for supply of Summer Hybrid Vegetable Seeds under Flood Damage Restoration under Disaster Management, 2020-2021 on 09.11.2020. Accordingly, the Managing Director, Assam Seeds Corporation Limited issued the Supply Order to the petitioner on 23.11.2020 for supply of Summer Hybrid Vegetable Seeds under Flood Damage Restoration under Disaster Management, 2020-2021. The petitioner supplied the items allotted by the Supply Order dated 23.11.2020. The said items were received by the respondent authorities without any objections as regards to the quality and quantity of supplies. The seeds also went through testing in the Seed Testing Laboratory and the respective seeds analysis reports were given and the seeds were found to be suitable for all purposes. Thereafter, the petitioner submitted the bills amounting to Rs.1,44,28,800/-, which was also acknowledged by the respondent authorities. After submission of the bills, the respondent authorities released a part payment of Rs.67,23,821/- on 20.04.2022. However, the remaining amount of Rs.77,04,179/- is still pending for payment till date. Hence, this present writ petition praying for release of the said pending amount of Rs. 77,04,179/-. 3. Mr. G. Bora, learned Standing Counsel, Agriculture Department has produced a communication dated 17.03.2025 written by the Joint Secretary to the Government of Assam, Agriculture Department, wherein it is stated that an amount of Rs.1172.20 lakhs has been allocated to the Agriculture Department in the Budget for the Financial Year 2025-26 under SOPD-G against the pending liabilities. She accordingly submits that the admitted dues payable to the petitioner will be cleared once the Budget allocation is made to the Agriculture Department. Page No.# 4/4 4. Mr. A. Chaliha, learned Standing Counsel, Finance Department also informs this Court that the pending bills of the petitioner can be cleared from the said amount of Rs.1172.20 lakhs, which has been allocated to the Agriculture Department for the Financial Year 2025-26. 5. Recording the submissions made by the learned Standing Counsel, Agriculture Department as well as Finance Department, the respondent authorities are directed to clear the admitted liabilities due to the petitioner within a period of three months from the date of receipt of a certified copy of the order of this Court. 6. With the above observations and direction, this writ petition is allowed. JUDGE Comparing Assistant