A contractor is entitled to payment for supplied goods once acknowledged as owing by the contracting authority, reinforcing public accountability in contract enforcement.

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 that the respondent No.3 issued the letter of utilization and forwarded the same to the Special Director General of Police (HQ), Assam, Ulubari to clear the admitted outstanding amount of Rs.64,02,437/-. It is stated that in this regard, the petitioner submitted representation dated 02.5.2023 before the Respondent No.3 and the same has been received and acknowledge by the Respondent Authority. However, the respondent authority till date, failed to make the payment of admitted amount to the petitioner. Hence this writ petition.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter delinquently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.64,02,437/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition.

4. Mr. M. Chetia, the learned Government Advocate submitted that an affidavit-in-opposition has been filed by the respondent No.3. From a perusal of the said affidavit-in-opposition, it is seen that the Respondent Authorities have admitted their liability of an amount of Rs.64,02,437/-. The details can be seen in paragraph No.9 of the said affidavit-in-opposition which being relevant is reproduced herein under:-

“9. That with regard to the statement made in paragraph 11 of the Writ Petition the deponent states that a letter has been sent to the Assam Police Headquarters, Guwahati vide Letter No. E/G/DBR/2023/1465 dated 12.07.2023 from the office of the undersigned wherein it was stated that miscellaneous expenses have been incurred for smooth functioning of official works and maintenance of hygiene and Infrastructure under the heads of OE/MS showing liabilities at Sl.No.1 of OE(04) till February, 2022 amounting to Rs. 37,40,504/-, Sl.No. 2 MS(19) till February, 2022 amounting to Rs. 26,61,933/- and Sl. No.3 Diet money for dog(19-03) till December, 2022 amounting to Rs. 1,57,707/- respectively. Out of the above three amount, the amount under Sl. No.3 Diet money for dog (19-03) amounting to Rs. 1,57,707/- has been released and received by the petitioner on 12.09.2023. However, the balance shown in Sl.No.1 of OE(04) till February, 2022 amounting to Rs. 37,40,504/- and Sl.No. 2 MS(19) till Febr