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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Rajender Singh Wadhwa S/o Trilok Singh Wadhwa – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
The instant writ petition is filed by the petitioner challenging the non-payment of the admitted amount of Rs.64,02,437/- for supplying the stationery and miscellaneous articles by the petitioner to the Respondent Authorities.
2. The case of the petitioner herein is that the petitioner is the registered contractor under the Government of Assam, Police Department. The Superintendent of Police, Dibrugarh, Assam invited tenders from the reputed firms/contractors for supply of stationery and miscellaneous article for the financial year, 2019-20. In the said tender process, the name of the petitioner had been recommended for favour of acceptance and issued work order in the name of the petitioner. It is stated that due to the outbreak of the COVID Pandemic, the authority postponed the annual tender for the financial year, 2020-21 and asked the petitioner to supply the stationery and miscellaneous articles as per the approved rate of financial 2019-20 and the petitioner was agreed to supply the product on the previous approved rate and supplied the same as per the requisite demand and the same were utilized by the Respondent Authority. It is further stated tha
A contractor is entitled to payment for supplied goods once acknowledged as owing by the contracting authority, reinforcing public accountability in contract enforcement.
Contractor is entitled to payment for supplied goods as confirmed by the authorities; court enforces timely payment of dues.
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 mandates the timely payment of undisputed bills due to suppliers, establishing entitlement based on verified claims and allowing further claims through civil jurisdiction.
Verification of compliance with contractual obligations is essential for entitlement to payment in supply agreements.
A writ petition under Article 226 requires evidential support for claims; absence thereof precludes the issuance of a writ for payment.
The court affirmed that governments must promptly fulfill admitted financial obligations, emphasizing the legal duty to ensure timely payments to entitled parties.
Government authorities are liable to timely disburse admitted amounts for services rendered, ensuring accountability and reducing prejudice against service providers.
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