Page No.# 1/2 GAHC010164912026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4360/2026 MS JOGANIAR REPRESENTED HEREIN BY ITS PROPRIETOR RASEL HUSSAIN, AGE 50 YEARS, S/O MR HAIDAR HUSSAIN, R/O SANTIPUR, HILLSIDE, P.S BHARALUMUKH, DIST KAMRUP (M) ASSAM, PIN 781009 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, SACHIVALAYA, DISPUR, ASSAM, PIN 781006 2:THE PRINCIPAL CUM CHIEF SUPERINTENDENT GUWAHATI MEDICAL COLLEGE AND HOSPITAL GUWAHATI 781021 3:THE ASSAM SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD REPRESENTED BY ITS MANAGING DIRECTOR OFFICE AT BAMUNIMAIDAM GHY 781021 4:THE MANAGING DIRECTOR ASSAM SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD (A GOVT OF ASSAM UNDERTAKING) BAMUNIMAIDAM GHY 78102 Advocate for the Petitioner : MR S BORTHAKUR, SR. ADV., MR. J ABBAS,SK ABDULLAH Advocate for the Respondent : SC, HEALTH, SC, AIDC Page No.# 2/2 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 17.08.2026 Heard Shri J. Abbas, learned counsel for the petitioner. Also heard Ms. D. Bora, learned Standing Counsel, Health & Family Welfare Department and Shri S. Das, learned Standing Counsel, AIDC. 2. The instant petition under Article 226 of the Constitution of India has been filed for release of contractual dues. The supply order in relation to which the present claim has been made is however of the year 2015. 3. Shri Abbas, the learned counsel for the petitioner has however submitted that there are reminders of the year 2024 for releasing such payment. 4. This Court is however of the view that the instant case would not be entertainable in view of the observations made by the Full Bench in the case of Tamsher Ali vs. State of Assam reported in 2008 (4) GLT 1. In the said case, the Hon’ble Full Bench had also taken into consideration the observations made by the Constitution Bench of the Hon’ble Supreme Court in the case of State of Madhya Pradesh vs. Bhailal Bhai reported in AIR 1964 SC 1006. 5. At this stage, Shri Abbas, the learned counsel for the petitioner submits that he may be allowed to withdraw the writ petition with a liberty to approach the Civil Court. 6. Upon considering the said submissions, the writ petition is dismissed on withdrawal with liberty to approach the Civil Court, if permitted by law. JUDGE Comparing Assistant