Page No.# 1/4 GAHC010054562019 2025:GAU-AS:798 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1840/2019 M/S. MAHIBUR RAHMAN AND 2 ORS. REP. BY ITS PROP. MD. MAHIBUR RAHMAN, AGE 42 YEARS, VILLAGE- AZAD NAGAR, P.O.- CHUTO HAIDER, DIST. NAGAON, ASSAM, PIN- 782001. 2: M/S MAHIBUL ISLAM REP. BY ITS PROP. MD. MAHIBUL ISLAM AGE 37 YEARS VILLAGE- MADHYAM SAMARALI P.O. CHOUDHURY BAZAR DIST.- NAGAON ASSAM PIN- 782001. 3: M/S ABDUL KADIR REP. BY ITS PROP. MD. ABDUL KADIR AGE 34 YEARS VILL. NO. 2 KHAGARIJAN P.O.- NAKHUTI DIST.- NAGAON ASSAM. PIN- 782001 VERSUS THE STATE OF ASSAM AND 6 ORS. REP. BY THE PRINCIPAL SECRETARY, FOOD, CIVIL SUPPLIES AND CONSUMER DEPTT., GOVT. OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE COMMISSIONER AND SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6. Page No.# 2/4 3:THE DEPUTY SECRETARY FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6. 4:THE DEPUTY COMMISSIONER NAGAON ASSAM PIN- 782001. 5:THE ADDL. DEPUTY COMMISSIONER NAGAON ASSAM PIN- 782001. 6:THE EXECUTIVE DIRECTOR (N.E.) FOOD CORPORATION OF INDIA ZONAL OFFICE GUWAHATI-781007 ASSAM. 7:THE DISTRICT MANAGER FOOD CORPORATION OF INDIA NAGAON PIN- 782001 Advocate for the Petitioner : MR. B RAHMAN, MR. A SARMA,MR. S CHOWDHURY Advocate for the Respondent : GA, ASSAM, SC, F C I Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 27.01.2025 Heard Mr. A. Malik, learned counsel appearing on behalf of Mr. B. Rahman, learned counsel for the petitioner. Also heard Mr. S. R. Barua, learned counsel for the respondent nos. 1 to 5 and Mr. P. K. Roy, learned Senior and Standing Counsel for the FCI appears for the respondent nos. 6 & 7. The petitioner, by way of instituting the present proceeding has prayed for a direction upon the respondent authorities to release the additional bill amount due to the petitioner w.e.f. the month of February to April, 2016. The Deputy Commissioner, Nagaon, respondent no. 4 has filed an affidavit in the matter and therein, has taken the following stand:- “That with regard to the statements made in paragraphs 8 & 9 of the writ petition, the deponent states that it is true. The Deputy Commissioner, Nagaon released the amount of Rs. 151410/-, Rs. 400950/- for the period from February 2016 to April 2016 to the petitioners as per order dated 15/05/2018 in connection with WP(C) No. 6489/2016 of the Hon’ble Gauhati High Court which were kept in the shape of Banker’s Cheque. Further there is no any other proposed outstanding additional amount yet to be paid to the petitioners.” This Court, vide order dated 08.12.2021, on the prayer made by the learned counsel for the petitioner, permitted the petitioner to bring on record his rejoinder affidavit to the affidavit filed by the respondent no. 4. However, inspite of passing of more than three years in the matter, no affidavit-in-reply has been filed. In view of the above position and the claim made by the petitioner not being admitted to by the respondent authorities, the same being disputed; this Court Page No.# 4/4 would not be in a position to grant the relief as sought for in the matter. Accordingly, the writ petition stands dismissed. However, there would be no order as to costs. JUDGE Comparing Assistant