GAHC010042902025 2025:GAU-AS:16368

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/1247/2025

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 4 ORS

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

DISPUR, GHY-6.

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

DISPUR

GHY-6

3:THE CHAIRMAN OF THE SCREENING COMMITTEE -CUM- SECRETARY

TO THE GOVT. OF ASSAM

REVENUE AND DISASTER MANAGEMENT DEPARTMENT

DISPUR

GUWAHATI-06

4:THEE DISTRICT COMMISSIONER

SOUTH SALMARA MANKACHAR DISTRICT

P.O.-HATSINGIMARI

DIST-SOUTH SALMARA MANKACHAR

ASSAM

PIN-783135

5:THE CIRCLE OFFICER

MANKACHAR REVENUE CIRCLE

MANKACHAR

P.O.-MANKACHAR DIST-SOUTH SALMARA MANKACHAR ASSAM PIN-78313 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. R Islam Advocates for the respondent(s) : Mr. J Handique, Standing Counsel Revenue & Disaster Management Dept., Govt. of Assam Date on which Judgment is reserved :NA Date of Pronouncement of Judgment :01.12.2025 Whether the Pronouncement is of the : NA Operative Part of the Judgment Whether the Full Judgment has been : Yes Pronounced JUDGMENT & ORDER(ORAL)

The instant writ petition is filed by the petitioner challenging the non-payment of the contractual bill of Rs.52,46,783/- for the work awarded to him vide the quotation dated 12.05.2016 issued by the Deputy Commissioner, South Salmara Mankachar District for supplying the good quality of common/grade-A/local (Raw) variety of rice, Masur dal (Big/Small) variety, Mustard Oil (with brand name) of 15 liters tin, Iodised salt, Chira, Gur, polythene sheet, Tarpaulin (size 15’X12’, 15’X18’), Cattle feed (wheat bran), Baby food (Cerelac) etc., for distribution amongst the flood/erosion and other natural calamities affected people of South Salmara, Mankachar District for a period of one year up to 31.03.2017 from the date of settlement under the terms and conditions mentioned in the said quotation.

2. The case of the petitioner herein is that pursuant to the quotation dated 12.05.2016, he submitted his quotation along with all the required documents before the authority concerned. It is stated that pursuant to the acceptance of the quotation(s) of the petitioner, several intent orders were issued by the Deputy Commissioner, South Salmara, Mankachar District in favour of the petitioner in two dates, i.e. on 27.07.2016 and 28.07.2016 respectively directing the petitioner to supply the G.R. items and hand over the same to the Assistant Director, FCS & CA, Hatsingimari. Accordingly, the petitioner supplied the same and thereafter submitted bills against each intent order amounting to Rs.52,46,783/- before the respondent authorities.

However, the said amount has not been disbursed to him till date.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner filed a writ petition before this Court being WP(C) No.7900/2017 and the said writ petition was disposed of vide the judgment and order dated 21.01.2021 directing the respondent authorities to examine the claim of the petitioner and pass appropriate order indicating the amount payable to the petitioner within a period of 4(four) months.

4. It is further submitted by the learned counsel for the petitioner that after obtaining the certified copy of the said judgment and order dated 21.01.2021, the petitioner submitted the same before the concerned authority. It is submitted that the respondent No.2 expressed its inability to make payment against such claim of the petitioner in view of the findings of the enquiry report submitted on 09.08.2023 and also due to the fact that the findings of the enquiry conducted by the Chief Minister’s Special Vigilance Cell is yet to be received by the Department. Hence, the petitioner has approached this Court by filing this writ petition.

5.