M/S M D Associates v. The State of Assam and 5 Ors

ORDER Date : 17.07.2024

Heard Mr. J. I. Borbhuiya, the learned counsel appearing on behalf of the petitioner and Mr. D. Gogoi, the learned Standing Counsel, PHE Department appearing on behalf of the respondents.

¶2The instant writ petition has been filed being aggrieved by the inaction on the part of the respondent authorities in making payment of the dues to the petitioner to the tune of Rs. 35,56,000/- along with interest. It is seen from a perusal of the writ petition that the petitioner was issued a supply order dated 13.02.2023 for supply of low cost sanitary materials under Nirmal Bharat Abhiyan vide supply order No. PHE/CE/B&S/PB-38/2013-14/5879.

¶3It is the case of the petitioner that the petitioner had supplied in terms with the supply order and is entitled to an amount of Rs. 35,56,000/- however in spite of various representations being submitted, the respondent authorities have not paid the said amount. Resultantly, the petitioner being Page No.# 3/3 aggrieved has approached this Court.

¶4It is seen that this Court has issued notice on 20.02.2023, however, there is no affidavit-in-opposition filed denying to the entitlement of the petitioner.

¶5This Court is of the opinion that the interest of justice would be met, if a direction is issued to the respondent authorities to make necessary verifications and thereupon pay the said amount due to the petitioner.

¶6This Court directs that upon necessary verifications, if it is found that the petitioner is entitled to the said amount or any part thereof to make such payment. This Court therefore directs the petitioner to serve a certified copy of the instant order to the respondent No. 2, who upon receipt of the said certified copies shall carry out necessary verification either by himself or from his delegatee and upon verification, if it is found that the petitioner is entitled to the said amount or any part thereof the said amount be released to the petitioner within 6 (six) months from the date a certified copy of the instant order is served by the petitioner to the respondent No. 2.

¶7With the above, the instant writ petitions stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010031362023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/911/2023o M/SoMoDoASSOCIATESo REPRESENTEDoBYoITSoPROPRIETORoNAMELYoSRIoKAMAKHYAoDEY,oAGEDo ABOUTo47oYEARS,oS/OoLATEoB.B.oDEY,oSITUATEDoAToBHETAPARA,o BELTOLA,oGUWAHATI-28,oP.O.oANDoP.S.-BASISTHA,oDIST-KAMRUPo(M),o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oPUBLICoHEALTHoENGINEERINGoDEPARTMENT, DISPUR,oGUWAHATI-6 2:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoDEPUTYoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oDISPUR oGUWAHATI-6 4:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERINGo(BoANDoS) oHENGRABARI oGUWAHATI-36 oP.O.oANDoP.S.-DISPUR oDIST-KAMRUPo(M) oASSAM 5:THEoMEMBERoSECRETARY Page No.# 2/3 DISTRICT WATER AND SANITATION COMMITTEE DHUBRI CUM EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DHUBRI DIVISION DIST-DHUBRI ASSAM 6:THE ASSISTANT EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DHUBRI SUB DIVISION DIST-DHUBRI ASSA Advocate for the Petitioner : MR. J I BORBHUIYA Advocate for the Respondent : Mr. D. Gogoi (Standing Counsel, PHE Department) BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH