GAHC010049882025 2025:GAU-AS:16650

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1432/2025

MUKESH KUMAR AGARWALA

S/O. PUROSHOTTAM AGARWALA, R/O. MANKACHAR BAZAR, P.O. AND P.S.

MANKACHAR, DISTRICT-SOUTH SALMARA MANKACHAR, ASSAM. PIN

CODE-783131.

VERSUS

THE STATE OF ASSAM AND 3 ORS.

REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,

DISPUR, GHY-6.

2:THE PIRNCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT

DISPUR

GUWAHATI-06.

3:THE SECRETARY TO THE GOVT. OF ASSAM

REVENUE AND DISASTER MANAGEMENT DEPARTMENT

DISPUR

GUWAHATI-06.

4:THE DISTRICT COMMISSIONER

SOUTH SALMARA MANKACHAR DISTRICT

P.O.- HATSINGIMARI

DIST.- SOUTH SALMARA MANKACHAR

ASSAM

PIN CODE- 783135

For the Petitioner(s) : Mr. R. Islam, Advocate

For the Respondent(s) : Ms. U. Das, Addl. Sr. Govt. Advocate

Mr. J. Handique, Standing Counsel

BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

03.12.2025 Date :

The instant writ petition has been filed by the petitioner challenging the non-payment of the contractual bill amounting to Rs. 79,74,730/- for the work awarded to him pursuant to the quotation dated 10.03.2020 issued by the Deputy Commissioner, South Salmara, Mankachar District, for supplying as many as 45 varieties of relief materials to the Deputy Commissioner, South Salmara, Mankachar District, Hatsingimari, as and when required for flood relief and other disasters during the year 2020–2021.

2. The case of the petitioner herein is that pursuant to the quotation dated 10.03.2020, he submitted his quotation along with all the required documents before the authority concerned. It is stated that after acceptance of the petitioner’s quotation(s), several supply orders/letters were issued by the Deputy Commissioner, South Salmara–Mankachar District, in his favour in three phases. In the 1st phase, indent orders/letters dated 29.06.2020, 30.06.2020 and 03.07.2020 respectively were issued, directing the petitioner to supply G.R. materials at the approved rate fixed by the Procured Committee, and further directing to submit item-wise bills to the then Deputy Commissioner, South Salmara, Mankachar District, for payment.

nd In the 2 phase, indent orders/letters dated 14.07.2020, 15.07.2020, 16.07.2020, 17.07.2020 and 22.07.2020 were issued, rd and in the 3 phase, indent orders/letters dated 25.07.2020 and

26.07.2020 respectively were issued.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner had submitted total bills/carrying charges amounting to Rs. 3,73,13,213/-. Out of the said total amount, the Respondent Authorities, more particularly, the respondent No. 4, paid an amount of Rs. 2,93,38,483/- on various dates, but the remaining amount of Rs. 79,74,730/- has not yet been paid to the petitioner. It is under such circumstances, the petitioner has approached this Court under Article 226 of the Constitution of India.

4. Mr. J. Handique, the learned Standing Counsel, Revenue Department appearing on behalf of respondent Nos. 2 and 3, submitted that although the respondent No. 4 has duly admitted in paragraph No. 5 of the affidavit-in-opposition that the petitioner is entitled to an amount of Rs. 79,74,730/-, respondent Nos. 2 and 3 have filed an affidavit-in-opposition stating that the indents and bills of the petitioner are being examined and would require further verification from their end.

5. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had made the supply pursuant to the supply orders issued, the petitioner would be entitled to the amount as claimed. However, for the same, verification on the part of the Respondent Authorities would be required.

6. This Court, therefore, disposes of the instant writ petition with the following observations and directions:-

i) The Respondent Authorities shall verify as to whether the petitioner had successfully executed the work, i.e. for supplying as many as 45 varieties of relief materials to th