SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Gau) 578

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Devashis Baruah, J.
M/S Bhatri Traders And Anr – Petitioners
Versus
The State Of Assam And Ors - Respondents
WP(C) 6687 of 2025
Decided On : 16-02-2026

Advocates Appeared:
For the Petitioner:Mr. S. Nath, Advocate Mr. N.G. Kundu, Advocate Mr. R. Saha, Advocate
For the Respondent: Mr. U. Das, Addl. Sr. GA, Assam

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.

Headnote:(A) Constitution of India - Article 226 - Non-payment of bills - Petitioners challenged the non-payment of pending bills amounting to Rs.65,30,754/- for supplies made to the Commissioner of Police, Guwahati - Respondent admitted to the amount of Rs.62,55,636/-, claiming excess in the petition - Court found merit in petitioners' claims, directing immediate release of admitted dues within 6 months. (Paras 3, 5, 7)

(B) Judicial Review - The court issues directives for timely compliance regarding payment claims while allowing pursuit of a rejected claim through competent civil courts if permissible. (Para 7)

Facts of the case:
Petitioners filed a writ petition for non-payment of supplies made as per work orders, seeking a total amount of Rs.65,30,754/- despite partial payments received.

Findings of Court:
Court directed the respondents to pay Rs.62,55,636/- to the petitioners within six months after statutory deductions, and allowed further claims to be addressed in civil jurisdiction.

Issues: The main issues include the correctness of the claimed amount and the obligation for timely payment of dues.

Ratio Decidendi: The court emphasized the validity of the petitioners' claims based on admitted records, mandating payment of undisputed dues and allowing additional claims through proper legal channels.

Result: Writ petition disposed of.

Table of Content
1. pending bills under dispute. (Para 2 , 3)
2. arguments regarding bill settlements. (Para 4 , 5)
3. respondents accept part of the claim. (Para 6)
4. court’s directive for payment. (Para 7)

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 petitioners have submitted several representations to the Office of the Special Director General of Police, Assam, as well as to the Commissioner of Police, Guwahati City, seeking sanction and payment of the aforementioned pending bills. However, despite repeated representations and persuasion, the pending bills have not been paid. Under such circumstances, the petitioners have approached this Court by filing the present writ petition.

5. Ms. U. Das, learned Additional Senior Government Advocate, appearing on behalf of the Respondents during the course of the hearing, submitted that an affidavit-in-opposition has been filed by Respondent No. 3 wherein, in paragraph No. 7, it has been categorically stated that the petitioners are entitled to an amount of Rs. 62,55,636/- and not Rs. 65,30,754/-. Considering its relevance, this Court reproduces paragraph No. 7 herein below:

7. That with regard to the statement made in paragraph No. 7 of the petition, the deponent begs to state that the records available in Police Reserve as well as in the Office of the Commissioner of Police, Guwahati were checked and verified to ascertain the correctness of the claimed made by the petitioners’ firm. From the scrutiny of the available records, following facts emerge which are produced below:

(i) The records revealed that petitioner has submitted bills from, August 2019 to May, 2022 month wise on various dates during the concerned period. The petitioner also admitted that he has received part amount of the bills time to time and further claimed that the remaining bills amount of Rs. 65,30,754/- (Rupees sixty-five lakh thirty thousand seven hundred fifty-four) only are still pending.

(ii) The scrutiny of the bills reveals that petitioner has claimed an excess amount of Rs. 2,75,118/- (Rupees two lakh seventy-five thousand one hundred and eighteen) only in the instant writ petition, whereas the actual amount should be Rs. 62,55,636/- (Rupees sixty-two lakh fifty-five thousand six hundred thirty-six) only. Therefore, the petitioner is entitled to receive an admissible amount of Rs. 62,55,636/- (Rupees sixty-two lakh fifty-five thousand six hundred thirty-six) only.”

6. Upon perusal of the materials on record and, more particularly, the paragraph quoted above, it would be seen that the Respondents admit that the Petitioners are entitled to the amount of Rs.62,55,636/-.

7. Accordingly, the instant writ petition stands disposed of with the following observations and directions:-

(i) This Court directs the Respondent Nos. 2 and 3 to take immediate steps for releasing the amount of Rs

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top