GAHC010039822026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1983/2026 RIFAT ENTERPRISE A PROPRIETORSHIP FIRM CONCERN, REGISTERED CONTRACTOR VENDOR HAVING ITS OFFICE AT VILL. MOLAKHAWA, P.O. SUKCHAR, P.S.

SUKCHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN 783128 REPRESENTED HEREIN BY ITS SOLE PROPRIETOR ABIDA NASRIN AGED ABOUT 25 YEARS, W/O RAKIBUL ISLAM RESIDENT OF VILL-

MOLAKHAWA,P.O. SUKCHAR, P.S. SUKCHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM, PIN-783128 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED HEREIN BY ITS COMMISSION AND SECY. TO THE GOVT.

OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT, PANJABARI, GUWAHATI, ASSAM 781037

2:THE CHIEF EXECUTIVE OFFICER SOUTH SALMARA MANKACHAR ZILLA PARISHAD HATSINGIMARI ASSAM-783135.

3:THE DISTRICT COMMISSIONER CUM DPC MGNREGA SOUTH SALMARA MANKACHAR HATSINGIMARI ASSAM-783135

4:THE BLOCK DEVELOPMENT OFFICER FEKAMARI DEVELOPMENT BLOCK FEKAMARI SOUTH SALMARA MANKACHAR ASSAM-783135

5:THE EXECUTIVE ENGINEER SOUTH SALMARA MANKACHAR WR DIVISION SOUTH SALMARA MANKACHAR HATSINGIMARI ASSAM-783135

6:THE SECRETARY MOLAKHOWA GAON PANCHAYAT SOUTH SALMARA MANKACHAR ASSAM-783128 Advocate for the Petitioner : MR S BORTHAKUR, MR. J ABBAS,SK ABDULLAH Advocate for the Respondent : SC, P AND R.D., SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 07.04.2026 Heard Mr. J. Abbas, learned counsel for the petitioner; Mr. S. Dutta, learned Standing Counsel, Panchayat and Rural Development Department for the respondent nos. 1, 2, 4, 5 & 6; and Mr. K. Gogoi, learned Additional Senior Government Advocate, Assam for the respondent no. 3.

The petitioner has preferred this writ petition seeking a direction to the respondent authorities to release an amount of Rs. 70,42,949/- claiming that the said amount has remained outstanding despite supply of materials to the respondent authorities by virtue of supply orders issued to him.

Mr. Dutta, learned Standing Counsel, Panchayat and Rural Development Department has raised the issue of maintainability and has submitted that the supply of materials claimed by the petitioner fall in non-permissible category under the MGNREGA scheme and therefore, the supply orders could not have been issued to the petitioner.

The matter would require consideration. Issue notice, returnable on 25.05.2026.

As Mr. Dutta, learned Standing Counsel, Panchayat and Rural Development Department has appeared and accepted notice on behalf of the respondent nos. 1, 2, 4, 5 & 6; and Mr. Gogoi, learned Additional Senior Government Advocate, Assam has appeared and accepted notice on behalf of the respondent no. 3, issuance of formal notice to the respondents are dispensed with. However, requisite nos. of extra copies of the writ petition along with annexures are to be furnished to Mr. Dutta and Mr. Gogoi within 2 [two] working days from today.

The issue of maintainability of the writ petition is kept open for consideration at the appropriate stage.

The name of learned Government Advocate, Assam be reflected in the respondents’ side in the Cause-List.

JUDGE

Comparing Assistant