Contractor is entitled to payment for supplied goods as confirmed by the authorities; court enforces timely payment of dues.

JUDGMENT :

DEVASHIS BARUAH, J.

1.The instant writ petition is filed by the petitioner challenging the non-payment of the outstanding bill amount of Rs.18,96,566/- for supplying stationery materials, miscellaneous articles, spare parts of vehicles and repairing works for vehicles of the Office of the Additional Director General of Police (T&AP), Assam, Ulubari to the petitioner by the Respondent Authorities.

2. The case of the petitioner herein is that the petitioner was registered as a contractor under Groups- A, B and C in Assam Police Organization for supplying materials, spare parts of vehicles and repairing of vehicles in Assam Police Headquarters and various subordinate establishments under it. On 06.03.2020, the Assistant Inspector General of Police (Trg), Assam, Ulubari, Guwahati issued Tender Notice inviting the intending tenderers to supply stationery and miscellaneous articles in the Office of the Additional Director General of Police (T&AP), Assam, Ulubari, Guwahati. It is the further case of the petitioner that the petitioner was selected being the lowest tenderer to supply the aforesaid materials. The Assistant Inspector General of Police (Trg), Assam, Ulubari, Guwahati issued a number of supply/work orders from time to time including orders dated 30.04.2020 and 30.07.2020 for supplying stationery and miscellaneous articles and orders dated 25.04.2022 and 01.08.2023 for supplying spare parts of vehicles and for repairing works of vehicles. After supplying the materials and completion of works, the petitioner submitted bills along with the original copies of supply/work orders for payment to the said Assistant Inspector General of Police (Trg), Assam. On 07.08.2023, the petitioner submitted representations before the Director General of Police, Assam, Ulubari, Guwahati, the Additional Director General of Police (T&AP), Assam, Ulubari, Guwahati and the Assistant Inspector General of Police (Trg), Assam, Ulubari, Guwahati praying for payment of the outstanding bills amount for supplying stationery materials and miscellaneous articles, spare parts of vehicles and for repairing works of vehicles in the office of the aforesaid Additional Director General of Police (T&AP), Assam. However, the outstanding bills amount of the petitioner has not been paid. Hence, this instant writ petition.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the outstanding bill amount of Rs.18,96,566/- 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.

4. An affidavit-in-opposition has been filed by the respondent No.6, i.e. the Assistant Inspector General of Police (T), Assam, Ulubari wherein it is stated that upon verification the petitioner is entitled to an amount of Rs.10,87,398/- in total and the same has been forwarded to the sanctioning authority after proper verification and scrutiny. It is further stated in the said affidavit-in-opposition that the amount would be released to the petitioner upon approval of sanction from the sanctioning authority as well as allotment of funds required from the Government. Paragraph Nos.3(i) & 3 (ii) of the said affidavit being relevant is reproduced herein under:-

“3. That the deponent begs to state as follows:

i) The official record with regard to bills in connection with supply of several motor vehicle spare parts and vehicle repairing services for the motor vehicles of TA