Page No.# 1/5 GAHC010204892024 2026:GAU-AS:12496 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5168/2024 M/S J K TRADE AND COMMERCE A PARTNERSHIP FIRM CONCERN, REGISTERED CLASS (A), CONTRACTOR HAVING IT OFFICE AT SILVER SQUARE BUILDING, 4TH FLOOR, OPP. AAYKAR BHAWAN, G.S. ROAD, CHRISTIAN BASTI, GUWAHATI- 781005, DISTRICT- KAMRUP(M), ASSAM REPRESENTED HEREIN BY ONE OF ITS PARTNER SRI AMIT KUMAR BAGARIA, AGED ABOUT 39 YEARS, S/O- LATE KAILASH NATH BAGARIA, RESIDENT OF SREE NAGAR, P.O. AND P.S.- DISPUR, GUWAHATI, ASSAM- 781006. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED HEREIN BY ITS COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, AGRICULTURE AND HORTICULTURE DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI, ASSAM- 781006. 2:THE DIRECTOR OF AGRICULTURE KHANAPARA GUWAHATI ASSAM- 781022. 3:THE CHIEF EXECUTIVE OFFICER ASSAM STATE AGRICULTURE MARKETING BOARD R.K. MISSION ROAD ULUBARI GUWAHATI ASSAM- 781007. 4:THE JOINT CHIEF EXECUTIVE OFFICER (TECH.) Page No.# 2/5 ASSAM STATE AGRICULTURE MARKETING BOARD R.K. MISSION ROAD ULUBARI GUWAHATI ASSAM- 781007. 5:THE EXECUTIVE ENGINEER ASSAM STATE AGRICULTURE MARKETING BOARD R.K. MISSION ROAD ULUBARI GUWAHATI ASSAM- 781007. 6:THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY (APEDA) REPRESENTED HEREIN BY ITS SECRETARY HAVING ITS HEAD OFFICE AT NCUI BUILDING 3 SIRI INSTITUTIONAL AREA AUGUST KRANTI MARG NEW DELHI-110016. HAVING ITS REGIONAL OFFICE AT HOUSEFED COMPLEX WEST END BLOCK BUILDING 4TH FLOOR BELTOLA-BASISTHA ROAD DISPUR GUWAHATI PIN - 781006 ASSA Advocate for the petitioner(s): Mr. J Abbas Advocate for the respondent(s): Mr. NJ Gogoi, Standing Counsel, Agriculture Department B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 26.08.2026 Page No.# 3/5 Heard Mr. J Abbas, learned counsel appearing on behalf of the Petitioner. Also heard Mr. NJ Gogoi, the learned Standing Counsel, Agriculture Department, Govt. of Assam. 2. The Petitioner is a partnership firm represented by its partner who is a registered Class I(A) contractor. The Petitioner is aggrieved by the inaction on the part of the Respondent Authorities in releasing the outstanding bill amounting to Rs.27,93,173/- to which the Petitioner is entitled to in respect of the work i.e. “Establishment of Pack House for Fruits and Vegetables at Sutarkandi District, Karimganj, Assam” allotted to it vide sub-contract agreement dated 11.03.2015. The Petitioner claims it had duly completed the aforesaid supply work on 31.12.2018 and thereafter, submitted the requisite bills amounting to Rs.12,42,59,679/- in total. Thereafter the respondent authorities issued the Work Completion Certificate dated 23.05.2019 reflecting that the Petitioner has completed the work on 31.12.2018. 3. It is the further case of the Petitioner that out of the final bill amount i.e. Rs.12,42,59,679/- an amount of Rs.12,14,66,506/- had been paid to the Petitioner. However, an amount of Rs.27,93,173/- still remains to be paid. 4. The Petitioner had made several representations from time to time for release of the aforesaid outstanding dues, but the same has not yielded any result. Consequently, finding no other alternatives, the Petitioner firm has approached this Court by way of the instant writ petition. 5. Mr. NJ Gogoi, the learned counsel appearing on behalf of the Respondents submitted that there is no denial to the fact that the supply work in question was issued to the Petitioner. The learned counsel for the Respondents, however, Page No.# 4/5 submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities. 6. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioner had completed the work, the Petitioner would be entitled to the amount. However, for the same, verification on the part of the Respondent Authorities would be required. 7. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- (i) The Respondent Authorities shall verify as to whether the Petitioner had successfully executed and completed the work i.e.“Establishment of Pack House for Fruits and Vegetables at Sutarkandi District, Karimganj, Assam”. (ii) The Respondent Authorities shall also verify as to whether the Petitioner has submitted the requisite documents which are required for the purpose of releasing the outstanding amount due as claimed by the Petitioner. (iii) The Respondent Authorities shall also verify the entitlement of the Petitioner to the dues, and if upon verification in the manner stated above, it is found that the Petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the Petitioner. (iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.2, i.e. the Director of Agriculture, Khanapara, Guwahati. 8. With above observations and directions, the instant writ petition stands disposed of. JUDGE Page No.# 5/5 Comparing Assistant