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2023 Supreme(Online)(GAU) 2363
GAHC010247492023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6724/2023 M/S VAGDEVI PRINTERS AND STATIONER A FIRM REPRESENTED BY ITS PROPRIETOR NAMELY, SMTI. DIPALI DUTTA, AGED ABOUT 39 YEARS, D/O LATE DWIJEN DUTTA, R/O HOUSE NO. 4, SOUTH SARANIA, NILGIRI PATH, P.O. AND P.S.-CHANDMARI, DIST-
KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, FOOD, CIVIL SUPPLIES AND CONSUMER AFFAIRS, DISPUR, GUWAHATI-6, ASSAM
2:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS BHANGAGARH GUWAHATI-5 ASSAM
3:THE DEPUTY COMMISSIONER KAMRUP AMINGAON PIN-781031 ASSAM
4:THE ADDITIONAL DEPUTY COMMISSIONER IN CHARGE OF FOOD CIVIL SUPPLY AND CONSUMER AFFAIRS (FCS AND CA)
KAMRUP AMINGAON PIN-781031 ASSAM
5:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS (FCS AND CA)
BHANGAGARH GUWAHATI-5 ASSA For the Petitioner(s) : Mr. S. Sinha, Advocate For the Respondent(s) : Mr. U. Das, Sr. Government Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 24.11.2023
1. The instant writ petition has been filed by the Petitioner seeking a direction upon the Respondent Authorities to release the amount of Rs.13,99,441/- including GST payable to the Petitioner firm on account of taking out printouts of existing ratio cards from the ERCMS data base and pasting the same in the ration cards.
2. It reveals from the records that the Petitioner is in the business of printing as well as supply of various electronic and stationary materials to various departments of the Government. On the basis of a communication bearing No.KSL.68/2020/13 dated 18.09.2020, the Deputy Commissioner, Kamrup, Amingaon had engaged the personnel for Petitioner for taking out printouts of existing ratio cards from the ERCMS data base and pasting the same in the ration cards. It is the case of the Petitioner that pursuant to the completion of the work, the Petitioner submitted a bill on 02.12.2020 of an amount of Rs.13,99,441/- which included the GST which was payable to the Petitioner. Subsequent thereto, on 25.01.2021, the Deputy Commissioner, Kamrup, Amingaon had written a letter to the Director of Food, Civil Supplies and Consumer Affairs, Assam whereby the bill of the Petitioner of an amount of Rs.13,99,441/- was forwarded. However, the Petitioner was not disbursed the said amount. Under such circumstances, the Petitioner submitted a representation dated 20.07.2021 to the Additional Deputy Commissioner, Kamrup (R), Amingaon for the payment of the said amount. As the said amount was not paid in spite of the said representation, the Petitioner therefore has approached this Court by filing the instant writ petition.
3. I have also heard Mr. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1 to 5 who submitted that the actual entitlement of the Petitioner as claimed can only be made after making necessary verifications by the Office of the Deputy Commissioner, Kamrup (R), Amingaon as well as the scrutiny being carried out by the Director of Food, Civil Supplies and Consumer Affairs, Assam.
4. This Court have given anxious consideration to the matter and is of the opinion that the interest of justice would be met if there is a direction to the Respondent Authorities to make necessary verification and upon verification, if it is found that the Petitioner is entitled to, the amount claimed or any part thereof, the same be paid to the Petitioner within a time frame.
5. Accordingly, this Court therefore disposes of the instant writ petition thereby directing the Deputy Commissioner, Kamrup (R), Amingaon to verify as to the entitlement of the Petitioner as claimed and upon making necessary verification, if it is found that the Petitioner is entitled to the amount so claimed or any part thereof, this Court directs Respondent Authorities to release the amount to which the Petitioner is entitled to.
6. This Court further directs the Director, Food, Civil Supplies and Consumer Affairs, Assam also to do the needful so that the said amount be released to the Petitioner upon making necessary verifications.
7. The said exercise be completed within a period of 3 (three) months from the date of submission of a certified copy of this order to the Deputy Commissioner, Kamrup (R), Amingaon as well as to the Director, Food, Civil Supplies and Consumer Affairs, Assam.
8. With above observations and directions, the instant writ petition stands disposed of.
