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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J.
Anamul Islam Mazumder, S/o. Lt. Twhair Ali Choudhury - Appellant
Versus
The State Of Assam And 6 Ors. - Respondents
WP(C) 2712 of 2020
Decided on : 25-07-2025
| Table of Content |
|---|
| 1. petitioner claims dues for materials supplied. (Para 1 , 2 , 3) |
| 2. respondents denied record of supply. (Para 4) |
| 3. court cannot order payment without records. (Para 5 , 6) |
| 4. petitioner may pursue civil court for claims. (Para 7) |
| 5. writ petition disposed of. (Para 8) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. A. M. Barbhuiya, the learned counsel appearing on behalf of the petitioner. Mr. S. Dutta, the learned counsel appears on behalf of the P&RD Department and Mr. S. R. Baruah, the learned counsel appears on behalf of the Government of Assam.
2. The petitioner herein has approached this Court by filing the present writ petition being aggrieved by the non-payment of the dues of an amount of Rs.6,24,074/- which the petitioner raised by bills dated 10.05.2018.
3. It is seen that this Court vide an order dated 14.07.2020 had issued notice.
4. Mr. S. R. Baruah, the learned counsel appearing on behalf of the respondents has produced an instruction dated 28.09.2020 issued by the Secretary, Dariaghat Karicherra Gaon Panchayat wherein it has been mentioned that there is no record available that any such supply of materials was made to the said Gaon Panchayat by the petitioner. The said document is kept on record and marked with the letter “X”.
5. Taking into account the above, this Court in exercise of the jurisdiction under Article 226 of the Constitution cannot direct the Respondent Authorities to make payment to the petitioner of the amount so claimed in the writ petition as the stand of the respondents is that there is no record available of such supply.
6. Considering the above, this Court is not inclined to issue any writ in the instant proceedings.
7. Be that as it may, this Court grants the liberty to the petitioner to approach the Civil Court of Competent Jurisdiction, if so advised, and the period from 19.06.2020 till date, be excluded while computing the period of limitation.
8. With the above, the instant writ petition stands disposed of.
A writ petition under Article 226 requires evidential support for claims; absence thereof precludes the issuance of a writ for payment.
A contractor is entitled to payment for supplied goods once acknowledged as owing by the contracting authority, reinforcing public accountability in contract enforcement.
A party entitled to payment for supplied goods may seek relief in court if the payment is delayed, affirming the legal obligation to honor contracts without undue delay.
The court will not entertain petitions filed after excessive delay, as it undermines the rights of other parties and contradicts the principles of equitable jurisdiction.
Writ jurisdiction is unsuitable for adjudicating disputed questions of fact requiring evidence. Where a party pursues a remedy in a wrong forum in good faith, the court may exclude the time spent in ....
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