Verification of compliance with contractual obligations is essential for entitlement to payment in supply agreements.

JUDGMENT :

DEVASHIS BARUAH, J.

The instant writ petition is filed by the petitioner challenging the non-payment of the contractual bill of Rs.1,30,68,314/- for the work awarded to the petitioner vide the quotation dated 12.05.2016 issued by the Deputy Commissioner, South Salmara Mankachar District for supplying the good quality of common/grade-A/local (Raw) variety of rice, Masur dal (Big/Small) variety, Mustard Oil (with brand name) of 15 liters tin, Iodised salt, Chira, Gur, polythene sheet, Tarpaulin (size 15’X12’, 15’X18’), Cattle feed (wheat bran), Baby food (Cerelac) etc. for distribution amongst the flood/erosion and other natural calamities affected people of South Salmara Mankachar District for a period of one year up to 31.03.2017 from the date of settlement under the terms and conditions mentioned in the said quotation.

2. The case of the petitioner herein is that pursuant to the quotation dated 12.05.2016, the petitioner submitted its quotation along with all the required documents before the authority concerned. It is stated that pursuant to the acceptance of the quotation(s) of the petitioner, several intent orders were issued by the Deputy Commissioner, South Salmara Mankachar District in favour of the petitioner on 25.07.2016, 27.07.2016, 28.07.2016 and 31.07.2016 and 28.07.2016 respectively directing the petitioner to supply the G.R. items and hand over the same to the Assistant Director, FCS & CA, Hatsingimari. Accordingly, the petitioner supplied the same and thereafter submitted bills against each intent order amounting to Rs.1,30,68,314/- before the respondent authorities. However, the said amount has not been disbursed to him till date.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner filed a writ petition before this Court being WP(C) No.4965/2018 and the said writ petition was disposed of vide the judgment and order dated 30.07.2018 directing the respondent authorities to examine the claim of the petitioner and pass appropriate order indicating the amount payable to the petitioner within a period of 4 months.

4. It is further submitted by the learned counsel for the petitioner that after obtaining the certified copy of the said judgment and order dated 30.07.2018, the petitioner submitted the same before the concerned authority. It is submitted that the respondent No.2 expressed its inability to make payment against such claim of the petitioner in view of the findings of the Divisional Commissioner, Lower Assam Division vide enquiry report submitted on 16.09.2017 and also due to the fact that the findings of the enquiry conducted by the Chief Minister’s Special Vigilance Cell is yet to be received by the Department. Hence, the petitioner has approached this Court by filing this writ petition.

5. Mr. A. Bhattacharyya, the learned Standing Counsel appearing on behalf of the Revenue Department submitted that necessary verification process is going on as regards the entitlement of the petitioner of an amount of Rs.1,30,68,314/- and in that regard placed an instruction before this Court which is kept on record and marked with the letter “X”.

6. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had made the supply pursuant to supply orders issued, the petitioner would be entitled to the amount as claimed. 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 the work, i.e. for supplying the good quality of common/grade-A/local (Raw) variety of rice, Masur dal (Big/Small) variety, Mustard Oil (