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2026 DAILYLAW 10102 (GAU)

Bhatri Traders v. State Of Assam

2026-02-16

Devashis Baruah

body2026
JUDGMENT : Devashis Baruah, J. Heard Mr. R. Saha, the learned counsel appearing on behalf of the Petitioners and Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondents. 2. The instant writ petition has been filed by the petitioners challenging the non-payment of the pending bills amounting to Rs.65,30,754/- for supplying various office materials, electronic equipment, hardware articles, and bamboo products, etc., to the office of the Commissioner of Police, Guwahati, i.e., the Respondent No. 3, pursuant to various work orders issued by the said office. 3. The case of the petitioners herein is that, upon completion of the supplies, they submitted the bills to the office of the Respondent No. 3. Thereafter, upon receipt of the bills, the office of Respondent No. 3 forwarded the statements of bills to the Assistant Inspector General of Police (Trg.), Assam, for necessary sanction. Although, the petitioners received certain part payments in phases from the office of Respondent No. 3 for the materials supplied, an amount of Rs. 65,30,754/- still remains outstanding. 4. The learned counsel appearing on behalf of the petitioners submitted that the petitioners have submitted several representations to the Office of the Special Director General of Police, Assam, as well as to the Commissioner of Police, Guwahati City, seeking sanction and payment of the aforementioned pending bills. However, despite repeated representations and persuasion, the pending bills have not been paid. Under such circumstances, the petitioners have approached this Court by filing the present writ petition. 5. Ms. U. Das, learned Additional Senior Government Advocate, appearing on behalf of the Respondents during the course of the hearing, submitted that an affidavit-in-opposition has been filed by Respondent No. 3 wherein, in paragraph No. 7, it has been categorically stated that the petitioners are entitled to an amount of Rs. 62,55,636/- and not Rs. 65,30,754/-. Considering its relevance, this Court reproduces paragraph No. 7 herein below: “ 7. That with regard to the statement made in paragraph No. 7 of the petition, the deponent begs to state that the records available in Police Reserve as well as in the Office of the Commissioner of Police, Guwahati were checked and verified to ascertain the correctness of the claimed made by the petitioners’ firm. That with regard to the statement made in paragraph No. 7 of the petition, the deponent begs to state that the records available in Police Reserve as well as in the Office of the Commissioner of Police, Guwahati were checked and verified to ascertain the correctness of the claimed made by the petitioners’ firm. From the scrutiny of the available records, following facts emerge which are produced below: (i) The records revealed that petitioner has submitted bills from, August 2019 to May, 2022 month wise on various dates during the concerned period. The petitioner also admitted that he has received part amount of the bills time to time and further claimed that the remaining bills amount of Rs. 65,30,754/- (Rupees sixty-five lakh thirty thousand seven hundred fifty-four) only are still pending. (ii) The scrutiny of the bills reveals that petitioner has claimed an excess amount of Rs. 2,75,118/- (Rupees two lakh seventy-five thousand one hundred and eighteen) only in the instant writ petition, whereas the actual amount should be Rs. 62,55,636/- (Rupees sixty-two lakh fifty-five thousand six hundred thirty-six) only. Therefore, the petitioner is entitled to receive an admissible amount of Rs. 62,55,636/- (Rupees sixty-two lakh fifty-five thousand six hundred thirty-six) only.” 6. Upon perusal of the materials on record and, more particularly, the paragraph quoted above, it would be seen that the Respondents admit that the Petitioners are entitled to the amount of Rs.62,55,636/-. 7. Accordingly, the instant writ petition stands disposed of with the following observations and directions:- (i) This Court directs the Respondent Nos. 2 and 3 to take immediate steps for releasing the amount of Rs.62,55,636/- to the Petitioners after making such statutory deductions, if so required, within a period of 6 (six) months from the date, a certified copy of the instant judgment is served upon the Respondent Nos.2 and 3. (ii) Any amount paid during the pendency of the present proceedings would be set off at the time of disbursal of the amounts to the Petitioners. (iii) The instant judgment shall not preclude the petitioner to claim the amount of Rs. 2,75,118/-, which claim was rejected, before a competent Court of civil jurisdiction, if so permissible under law.