Page No.# 1/4 GAHC010018302026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/727/2026 DIGANTA TERON S/O-LATE HEMARI TERON, R/O-VILL RONGTHARVE, P.O. AND P.S.- DIPHU, DIST- KARBI ANGLONG, ASSAM PIN-782460, VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVT. OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006 2:THE PRINCIPAL SECRETARY TO THE GOVT OF ASSAM HEALTH AND FAMILY WELFARE DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI-781006 3:THE SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU PIN-782460. 4:THE DIRECTOR OF HEALTH SERVICES HENGERABARI GUWAHATI-781036 5:THE JOINT DIRECTOR OF HEALTH SERVICES KARBI ANGLONG DISTRICT DIPHU Page No.# 2/4 PIN-782460. 6:SRI MOHAN SING TISSO ALIAS MOHAN TISSO S/O SRI DOKA SING TISSO R/O TARALANGSO TINIALI WARD NO. 10 DIPHU TOWN P.O. AND P.S.- DIPHU DIST- KARBI ANGLONG ASSAM PIN-782460 7:KARBI ANGLONG AUTONOMOUS COUNCIL REPRESENTED BY IT'S PRINCIPAL SECRETARY DIPHU KARBI ANGLONG ASSAM PIN-782460 Advocate for the Petitioner : MR. N K KALITA, Advocate for the Respondent : SC, HEALTH, SC, K A A C BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 22.07.2026 Heard Shri N.K. Kalita, learned counsel for the petitioner. Also heard Ms. S. Kemprai, learned counsel appearing for the KAAC as well as Ms. B. Bora, learned counsel appearing on instructions of Shri D. Upamanyu, learned counsel for the Health Department, Assam. 2. The present writ petition has been filed with a claim for contractual dues. It is projected that the petitioner, during the Covid-19 Pandemic, was entrusted with the work of supplying Sanitizer in the district of Karbi Anglong. The petitioner claims to have done the aforesaid supply work. He accordingly raised a bill of Rs. 1,97,12,000/-. It is submitted that in the meantime, an amount of Rs. 20, lakhs has been paid to the Page No.# 3/4 petitioner and as the balance amount has not been released, he has approached this Court for an appropriate direction. 3. The scope of interference by a Writ Court in matters relating to claim of contractual dues is limited as the same involves questions of facts which are disputed in nature. The Hon’ble Full Bench of this Court in the case of Tamsher Ali & Ors. Vs. State of Assam & Ors., reported in 2008 (4) GLT 1 has, however, laid down certain exceptions which, amongst others requires an acknowledgment of the liability in writing by the Chief Engineer/ Head of the Department. 4. In the affidavit dated 15.07.2026 filed by the respondent no. 5, it has been stated that due to paucity of funds, the balance amount has not been able to be paid to the petitioner. Fore ready reference, the relevant averments are extracted hereinbelow: “That the deponent respectfully submits that the Department is presently burdened with outstanding contractual liabilities exceeding Rs.33,33,42,556/- (Rupees Thirty-three Crore Thirty-three Lakh Forty-two Thousand Five Hundred Fifty-six only) payable to various contractors and suppliers. Owing to the acute shortage of funds earmarked for discharge of such contractual liabilities and non- availability of adequate budgetary allocation, the Department has not been in a position to release payments in respect of all pending contractual claims. The petitioner's claim, if otherwise found admissible in accordance with law and the applicable financial rules, is also affected by the aforesaid financial constraints.” 5. In view of the aforesaid position, this Court is of the opinion that the instant case can be allowed by following the principles laid down by the Hon’ble Full Bench in the case of Tamsher Ali (supra). Therefore, it is directed that the dues of the petitioner be cleared by putting his name in the chronological order and as per seniority of the claim. Page No.# 4/4 6. The writ petition accordingly stands disposed in the manner indicated above. JUDGE Comparing Assistant