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2025 Supreme(Online)(Gau) 9546

HIGH COURT OF GAUHATI
MR. JUSTICE DEVASHIS BARUAH
M/S UTSHAV COMMERCIAL – Appellant
Versus
THE STATE OF ASSAM AND 5 ORS – Respondent
WP(C) / 6113 / 2023



GAHC010230622023 2025:GAU-AS:17115

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6113/2023

M/S UTSHAV COMMERCIAL

REPRESENTED BY ITS PROPRIETOR

SRI AJAY KUMAR SINGH,

SON OF LATTE RAM CHANDRA SINGH,

RESIDENT OF A.P.R.O. COLONY,

ULUBARI, B.K. KAKATI ROAD, P.O.- ULUBARI,

P.S.- PALTANBAZAR, DISTRICT- KAMRUP(METRO),

ASSAM, PIN- 781007.

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM,

HOME DEPARTMENT, DISPUR,

P.O.- ASSAM SACHIVALAYA, DISTRICT- KAMRUP(METRO),

ASSAM, PIN- 781006.

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF

ASSAM

FINANCE DEPARTMENT

DISPUR

P.O.- ASSAM SACHIVALAYA

DISTRICT- KAMRUP(METRO)

ASSAM

PIN- 781006.

3:THE DIRECTOR GENERAL OF POLICE

ASSAM

ULUBARI

GUWAHATI P.O.- ULUBARI P.S.- PALTANBAZAR DISTRICT- KAMRUP(METRO)

ASSAM PIN- 781007.

4:THE ADDITIONAL DIRECTOR GENERAL OF POLICE ( T AND A P)

ASSAM ULUBARI GUWAHATI P.O.- ULUBARI P.S.- PALTANBAZAR DISTRICT- KAMRUP(METRO)

ASSAM PIN- 781007.

5:THE ASSISTANT INSPECTOR GENERAL OF POLICE (ADMN)

ASSAM ASSAM POLICE HEAD QUARTERS ULUBARI GUWAHATI P.O.- ULUBARI P.S.- PALTANBAZAR DISTRICT- KAMRUP(METRO)

ASSAM PIN- 781007.

6:THE ASSISTANT INSPECTOR GENERAL OF POLICE(T)

ASSAM ULUBARI GUWAHATI P.O.- ULUBARI P.S.- PALTANBAZAR DISTRICT- KAMRUP(METRO)

ASSAM PIN- 781007 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH For the petitioner (s) : Mr. S. K. Sinha, Advocate For the respondent (s) : Ms. U. Das, addl. Sr. Govt. Advocate Date on which judgment is reserved : NA Date of pronouncement of judgment : 10.12.2025 Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been Pronounced? : Yes

JUDGMENT AND ORDER (ORAL)

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 wr

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