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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Anamul Islam Mazumder, S/o. Lt. Twhair Ali Choudhury – Appellant
Versus
State Of Assam – Respondent
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 th
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.
Authorities must fulfill financial obligations timely for services rendered under contractual agreements to prevent unjust hardship to service providers.
The court mandates the timely payment of undisputed bills due to suppliers, establishing entitlement based on verified claims and allowing further claims through civil jurisdiction.
Parties must be afforded notice and opportunity before order cancellation; however, if compliance is not met, suppliers may be deemed in breach, necessitating civil litigation for damages.
Non-payment of admitted dues causes undue hardship, mandating prompt payment by authorities to creditors.
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