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2026 DAILYLAW 5960 (GAU)

MS RASI SEEDS PVT LTD v. THE STATE OF ASSAM AND OTHRS

WP(C)/6219/2025 · 2026-05-14

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010237252025 2026:GAU-AS:6784 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6219/2025 MS RASI SEEDS PVT LTD REPRESENTED BY RASHMI CHETTRI HAVING ITS OFFICE AT MANIK NAGAR, ZOO ROAD, GUWAHATI-781005, ASSAM 2: RASHMI CHETTRI W/O- LATE SANJAY CHETTRI R/O- MANIK NAGAR R.G BARUAH ROAD P.O- CHRISTIANBASTI P.S- DISPUR DIST- KAMRUPM ASSA VERSUS THE STATE OF ASSAM AND OTHRS , REPRESENTED BY THE COMMISSIONER SECRETARY TO THE GOVERNMENT OF ASSAM, AGRICULTURE DEPARTMENT, DISPUR, GUWAHATI781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 3:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI-781022 4:THE MANAGING DIRECTOR ASSAM SEEDS CORPORATION LIMITED GUWAHATI- 22 5:GENERAL MANAGER ASSAM SEEDSCORPORATION LIMITED GUWAHATI- 22 Page No.# 2/5 6:THE NODAL OFFICER DISASTER MANAGEMENT DIRECTORATE OF AGRICULTURE GUWAHATI- 78102 Advocate for the petitioner(s): Mr. R Goswami Advocate for the respondent(s): Ms. G Borah Standing Counsel, Agriculture Dept. B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 15.05.2026 Heard Mr. R Goswami, the learned counsel appearing on behalf of the petitioners. Also heard Ms. G Borah, the learned Standing Counsel on behalf of the Agriculture Department, Govt. of Assam. 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 outstanding dues of Rs.20,75,200/- to the petitioners. 3. The petitioner No. 1 is a Registered Private Ltd. company dealing with the supply of seeds and the petitioner No. 2 represents the petitioner No.1. The case of the petitioners, in brief, is that pursuant to an e-Tender Notice dated 13.10.2020 for supply of Hybrid Maize Seeds under the Flood Damage Restoration under the Disaster Management, the petitioners was successful in getting the supply order. Accordingly the petitioners had duly supplied the Hybrid Maize Seeds as per the terms and conditions of the Supply Order to the Page No.# 3/5 respondent authorities and thereafter, submitted a bill for an amount of Rs.40,00,000/-. 4. It is the further case of the petitioners that the petitioners had only been disbursed a part-payment of Rs.19,24,800/- out of Rs.40,00,000/- and an amount of Rs.20,75,200/- is still pending for disbursal. 5. The petitioner had sent a reminder notice dated 06.10.2025 for release of his outstanding dues, however no action has been taken for release of the outstanding dues to the petitioner. Being aggrieved, the petitioners have approached this Court by way of the instant writ petition. 6. The learned counsel for the petitioners submitted that the petitioners, on several occasions, approached the Respondent Authorities for payment of the aforesaid outstanding dues to the petitioners for the successful supply of “Hybrid Maize 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. 7. The records reveal that vide order dated 07.11.2025, notice was issued. It is further seen that the respondent No. 3 had filed an affidavit-in-opposition wherein at paragraph No.6, the said respondent had duly admitted that an amount of Rs.20,75,200/- is outstanding and payable to the petitioners. Paragraph No. 6 of the said affidavit-in-opposition filed by respondent No. 3, being relevant is reproduced hereinunder: “6.That as regards to the statements made in paragraph Nos. 8 & 9 of the Writ petition, this answering deponent begs to state that the balance admitted amount of Rs.20,75,200/- (Rupees Twenty Lakhs Seventy Five Thousand Two hundred only) against the supply of Hybrid vegetable by the Page No.# 4/5 petitioners has not been disbursed till date as per the records available with the deponent which was received from the Assam Seed Corporation Ltd.. The said admitted shall be placed for budget requisition to the Government in the next financial year i.e. 2026-2027.” 8. 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.20,75,200/-. It is also mentioned that the said admitted amount shall be placed for budget requisition to the Government in the next financial year i.e.2026-27 for release of the balance amount, and that upon receipt of the same, the Corporation would disburse the said amount to the petitioners. 9. Accordingly, the writ petition is disposed of with the following observations and directions:- (i) The petitioners are entitled to the amount of Rs.20,75,200/-as admitted by the respondents. (ii) The said amount of Rs.20,75,200/-shall be paid to the petitioners, after making such statutory deductions, if any. (iii) The Director of Agriculture i.e. the respondent No.3 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 of the instant order is served upon the Director of Agriculture, Assam and the Managing Director of the Assam Seeds Page No.# 5/5 Corporation Limited, whichever is later. (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