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2025 Supreme(Gau) 1278
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J.
Insight Brandcom Private Limited And Anr - Appellant
Versus
The State Of Assam And 2 Ors - Respondents
WP(C)4444 of 2024
Decided on : 25-07-2025
Advocate Appeared:
For the Appellant :Mr. K.P. Pathak, Advocate
For the Respondent: Ms. G. Bora, Mr. R. Borpujari, Standing Counsel
Authorities must fulfill financial obligations timely for services rendered under contractual agreements to prevent unjust hardship to service providers.
Headnote:(A) Constitution of India - Article 226 - Writ petition for payment of pending dues - Petitioner executed work orders issued by the Directorate of Agriculture, Assam, totaling Rs. 65,01,800/- but faced inaction regarding payment - Respondent admitted the dues and initiated process for release - Court directed payment within six months. (Paras 3-5)
(B) Mandatory Duty of Authorities - Authorities must ensure timely payments to service providers upon execution of tasks as per tender agreements to uphold contractual obligations and prevent undue hardship to claimants. (Paras 3-5)
Facts of the case:
The petitioner sought payment for three work orders executed for the Directorate of Agriculture, totaling Rs.65,01,800/- after facing inaction for a considerable period despite multiple representations.
Findings of Court:
The court noted the admission of dues by the Directorate and the initiation of the payment process. It directed the respondents to disburse the total amount within six months, ensuring adherence to financial accountability.
Issues: The key issue addressed was the government's obligation to release payments for services rendered as per tender agreements.
Ratio Decidendi: The court determined that fulfillment of financial obligations to contractors is essential for maintaining public trust and operational integrity within government departments. It emphasized the necessity to ensure timely payment to prevent injustice to aggrieved parties.
Result: Writ petition disposed of directing payment of dues within six months.
| Table of Content |
|---|
| 1. petitioner's claim for payment of bills (Para 1 , 2 , 3) |
| 2. admission of financial dues by the department (Para 4) |
| 3. court's directive for payment disbursement (Para 5) |
JUDGMENT :
DEVASHIS BARUAH, J.
The case of the petitioner herein is that the petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the bills of the petitioner.
2. The case of the petitioner herein is that the petitioner was issued three work orders under the Director of Agriculture, Assam, Khanapara, Guwahati which are (I) No. Agri/Inf/Tender- 352/Pt-1/2019-20/116/844 dated 24.12.2020; (II) No. Agri/Inf/Tender-352/Pt-1/2019-20/117/843 dated 24.12.2020; (III) No. Agri/Inf/Tender-352/Pt-1/2019-20/115/845 dated 24.12.2020. In the said formal work orders, the tender values were quoted as Rs.31,38,800/-; Rs. 8,96,800/- and Rs. 24,66,200/- respectively.
3. It is the case of the petitioner that the petitioner successfully executed the works and accordingly submitted the bills for the said works. As per the petitioner, the petitioner is entitled to amount of Rs. 31,38,800/-; Rs. 8,96,800/- and Rs. 24,66,200/- thereby totaling to Rs.65,01,800/-. It is the case of the petitioner that the petitioner had submitted various representations to the Respondent Authorities for release of the amount however, the said amount of Rs.65,01,800/- is still pending, for which, the petitioner has approached this Court under Article 226 of the Constitution.
4. Ms. G. Bora, the learned Standing Counsel, Agriculture Department during the course of the hearing submitted a communication dated 24.07.2025 issued by the Assistant Director of Agriculture (Agriculture Information), Khanapara, Guwahati wherein it has been stated that the financial dues as claimed by the petitioner amounting to Rs. 65,01,800/- against the bills raised for Social Media Management & Digital Promotion of the Directorate of Agriculture, Assam is under active consideration of the Department. It was also mentioned that the Department has already initiated the process for release of payment against these dues at the shortest possible time. The said communication is kept on record and marked with the letter “X”. The contents of the said communication being relevant are reproduced herein below:
“ GOVERNMENT OF ASSAM
DIRECTORATE OF AGRICULTURE, ASSAM
KHANAPARA:GUWAHATI-781002
From : Assistant Director of Agriculture (Agriculture Information), Department of Agriculture, Assam, Khanapara, Guwahati-22.
To :
Smti Geetashree Bora, Date:24/07/2025
Standing Counsel
Agriculture department
Sub : Regarding Writ Petition (Civil) No. 4444/2024, M/S Insight Brandcom Pvt Ltd.
Madam,
With reference to the subject cited above, I have the honour to state that the financial dues as claimed by M/S Insight Brandcom Pvt Ltd amounting to Rs. 65,01,800.00 (Rupees Sixty Five Lakhs One Thousand Eight Hundred) only against the bills raised for Social Media Management & Digital Promotion of the Directorate of Agriculture, Assam are under active consideration of the department. The department has already initiated the process for release of payment against these dues at the shortest possible time.
This is for favour of your information and necessary action.
Regards.
Yours faithfully,
Assistant Director of Agriculture
(Agriculture Information)
Khanapara, Ghy-22”
5. Taking into account the said communication dated 24.07.2025 wherein the Directorate of Agriculture, Assam had duly admitted the said amount claimed by the petitioner and further the submission of the learned Standing Counsel for the Agriculture Department, that the Department duly admits to the amount of Rs. 65,01,800/- (Rs. 31,38,800/-; Rs. 8,96,800/- and Rs. 24,66,200/-), this Court disposes of the present writ petition with a direction upon the respondents herein to disburse the amount of Rs. 65,01,800/- (Rs. 31,38
