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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Bhatri Traders – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. R. Saha, the learned counsel appearing on behalf of the Petitioners and Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondents.
2. The instant writ petition has been filed by the petitioners challenging the non-payment of the pending bills amounting to Rs.65,30,754/- for supplying various office materials, electronic equipment, hardware articles, and bamboo products, etc., to the office of the Commissioner of Police, Guwahati, i.e., the Respondent No. 3, pursuant to various work orders issued by the said office.
3. The case of the petitioners herein is that, upon completion of the supplies, they submitted the bills to the office of the Respondent No. 3. Thereafter, upon receipt of the bills, the office of Respondent No. 3 forwarded the statements of bills to the Assistant Inspector General of Police (Trg.), Assam, for necessary sanction. Although, the petitioners received certain part payments in phases from the office of Respondent No. 3 for the materials supplied, an amount of Rs. 65,30,754/- still remains outstanding.
4. The learned counsel appearing on behalf of the petitioners submitted that the
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.
Contractor is entitled to payment for supplied goods as confirmed by the authorities; court enforces timely payment of dues.
Verification of work completion is essential before payment can be issued under Article 226, ensuring entitlement to dues is accurately determined.
A contractor is entitled to payment for supplied goods once acknowledged as owing by the contracting authority, reinforcing public accountability in contract enforcement.
Entitlement to payment for completed works is contingent on verification of work execution and requisite documentation as directed by the court under Article 226 of the Constitution.
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 affirmed that governments must promptly fulfill admitted financial obligations, emphasizing the legal duty to ensure timely payments to entitled parties.
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