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2026 DAILYLAW 4689 (GAU)

GREEN VISION AND ANR v. THE STATE OF ASSAM AND 6 ORS

WP(C)/126/2026 · 2026-04-21

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010270392025 2026:GAU-AS:5519 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/126/2026 GREEN VISION AND ANR A PROPRIETORSHIP FIRM, REPRESENTED BY ITS PROPRIETOR, NAZMUL KHAN, AGED ABOUT 48 YEARS, HAVING ITS REGISTERED OFFICE AT SANTIPUR, GUWAHATI- 781009, P.O. BHARALUMUKH, P.S. BHARALUMUKH, DIST. KAMRUP METRO, ASSAM. 2: NAZMUL KHAN S/O- LATE NAZRUL ISLAM R/O- HOUSE NO. 45 D.C. TALUKDAR LANE SANTIPUR GUWAHATI-781009 DIST. KAMRUP (M) AT GUWAHATI VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, AGRICULTURE DEPTT., DISPUR, GUWAHATI- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-781006. 3:THE DIRECTOR OF AGRICULTURE ASSAM OFFICE OF THE DIRECTORATE OF AGRICULTURE KHANAPARA GUWAHATI-781022. 4:THE ASSAM SEEDS CORPORATION LTD. REPRESENTED BY ITS MANAGING DIRECTOR Page No.# 2/6 KHANAPARA GUWAHATI-781022. 5:THE MARKETING MANAGER ASSAM SEEDS CORPORATION KHANAPARA GUWAHATI-781022. 6:THE DISTRICT AGRICULTURE OFFICER DISTRICT AGRICULTURAL OFFICE GOALPARA PIN- 783101. 7:THE DISTRICT AGRICULTURE OFFICER DISTRICT AGRICULTURAL OFFICE KOKRAJHAR PIN- 783370 For the Petitioner(s) : Mr. N.N.B. Choudhury, Advocate For the Respondent(s) : Ms. G. Bora, Standing Counsel Mr. S. Chamaria, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 22.04.2026 Heard Mr. N.N.B. Choudhury, the learned counsel appearing on behalf of the petitioners. Ms. G. Bora, the learned Standing Counsel appears on behalf of the Agriculture Department and Mr. S. Chamaria, the learned Standing Counsel appears on behalf of the Assam Seeds Corporation Limited. 2. The instant writ petition has been filed being aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the admitted amount of Rs.5,50,398/- to the Page No.# 3/6 petitioners. 3. The petitioner No. 1 is a proprietorship firm in the name and style of “Green Vision”, and the petitioner No. 2 is the proprietor of the said firm. The case of the petitioners, in brief, is that pursuant to a tender process initiated by an e-Tender Notice dated 05.02.2019, the petitioners having emerged successful, was issued a Supply Order on 23.11.2020 for supply of ‘Hybrid Vegetable Seeds’ as per specification mentioned in Annexure-1 and Annexure-2 thereof. As per Annexure-2, the total amount for supply was mentioned as Rs. 10,30,709.66/-. According to the petitioners, the petitioners had duly supplied the Hybrid Vegetable Seeds in terms with the Supply Order dated 23.11.2020 and thereafter, submitted bill for the said amount. It is the further case of the petitioners that the petitioners had only been disbursed a part-payment of Rs. 4,80,311/- on 09.05.2022 and an amount of Rs. 5,50,398/- is still pending for disbursal. Seeking a direction to the Respondent Authorities to disburse the balance amount of Rs. 5,50,398/- immediately, the petitioners have approached this Court by the instant writ petition. 4. The learned counsel for the petitioners submitted that the petitioners, on several occasions, approached the Respondent Authorities for payment of the aforesaid amount due to the petitioners for the successful delivery of “Hybrid Vegetable Page No.# 4/6 Seeds”. However, for reasons best known to the authorities, although assurances were made from time to time to release the payment, no payment of the outstanding amount has been made. 5. The records reveal that vide order dated 27.02.2026, notice was issued. It is further seen that the respondent Nos. 4 and 5 have filed an affidavit-in-opposition wherein at paragraph No. 10, they have duly admitted that an amount of Rs. 5,50,398/- is outstanding and payable to the petitioners. Paragraph No. 10 of the said affidavit-in-opposition filed by respondent Nos. 4 and 5, being relevant, is reproduced hereinbelow: “10. That with regard to the statement made in paragraph (9) of the Writ Petition, the respondent begs to state that the petitioner had submitted bills along with challuns to Assam Seeds Corporation Ltd. amounting Rs. 10,30,709.66 (Excluding Corporation margin) against Supply order no. ASC/MKT/DM/SO/2019-20/6541. The Assam Seeds Corporation Ltd. had submitted fund demand amounting Rs. 31,29,52,217.00 (including the petitioner bill amount) to the Director of Agriculture against supply of seeds in respect of all the indents received from Director of Agriculture, Assam including the said indents against the petitioner for the amount Rs. 3,52,991.42. Subsequently, Director of Agriculture had released Rs. 214829300.00 to Assam Seed Corporation Ltd. Accordingly, payments were made to the suppliers. In this context it is submitted that in the fund release order, the Director Agriculture specified the indent against which payment were to be made. In regards to indent no. Agri/Dev-Crop/FDR/DM/2020-21/54 Dtd. 09/11/2020 as Page No.# 5/6 mentioned by the petitioner, the Corporation submitted bills to the Director of Agriculture, Assam amounting Rs. 4,78,77,922.67 vide bill no. W-004 dtd. 13/08/2021. Subsequently, the Corporation has received an amount Rs. 2,23,19,958.00 (including corporation margin). Therefore, the Corporation has release 46% of the bill amounts to all the suppliers who has received supply orders against aforesaid indent no. The petitioner has also received an amount Rs. 4,80,311.00 out of total bill amount Rs. 10,30,709.66. The remaining balance of the petitioner is Rs. 5,50,398.00 (Excluding corporation margin). The Corporation has already requested indenting authority i.e. Director of Agriculture, Assam to release the balance amount. After receive the same from indenting authority, the Corporation will release the balance amount to the petitioner.” 6. Upon perusal of the materials on record and, more particularly, the paragraph quoted hereinabove, it is seen that the respondents have admitted that the petitioners are entitled to an amount of Rs. 5,50,398/-. It is also mentioned that the Assam Seeds Corporation Limited has already requested the indenting authority, i.e., the Director of Agriculture, Assam, to release the balance amount, and that upon receipt of the same, the Corporation would release the said amount to the petitioners. 7. Accordingly, the writ petition is disposed of with the following observations and directions:- (i) The petitioners are entitled to the amount of Rs.5,50,398/- as admitted by the respondents. Page No.# 6/6 (ii) The said amount of Rs. 5,50,398/- shall be paid to the petitioners, after making such statutory deductions, if any. (iii) The Director of Agriculture is directed to disburse the amount payable to the petitioners to the Assam Seeds Corporation Limited and the Assam Seeds Corporation Limited upon receipt of the said amount shall disburse the entitlement of the petitioners. (iv) The entire exercise be carried out within 6 (six) months from the date certified copies are served upon the Director of Agriculture, Assam and the Managing Director of the Assam Seeds Corporation Limited, whichever is latter. (v) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioners shall be set off while making payment to the petitioners. (vi) No costs. JUDGE Comparing Assistant