Ramjan Ali v. The State of Assam and 4 Ors

ORDER Date : 01.03.2024

Heard Mr. S. Ali, learned counsel for the petitioner, who submits that the President, SMDC of Dabalia Para High School had issued an order for supply of school uniforms on 02.03.2021. The petitioner thereafter supplied the school uniforms to the respondent No. 5/school and submitted his bills, amounting to Rs. 3,18,000/-. Thereafter, the respondent No. 5, i.e., the Headmaster of Dabalia Para High School has issued a cheque for an amount of Rs.50,000/- to the petitioner and the balance amount of Rs. 2,68,000/- has not been paid to the petitioner till date. The petitioner's counsel submits that the petitioner has submitted a representation dated 11.03.2022 to the respondent No. 4 for release of the remaining amount of Rs. 2,68,000/-. However, the balance amount has not been paid to the petitioner. Mr. B. Gogoi, learned counsel for the respondent Nos. 2, 3 & 4 submits that the issue pertains to Dabalia Para High School and the petitioner. As such, the issue does not involve the State Government. On perusing the writ petition, I find that the issue pertains to supply of school uniforms and payment of the bills between the petitioner and the Dabalia Para High School. As there is alternative remedy available to the petitioner, by Page No.# 3/3 way of approaching the Civil Court and as the limitation period for approaching the Civil Court has not expired, this Court is not inclined to entertain the present writ petition. Accordingly, this writ petition is dismissed with liberty being given to the petitioner to approach the Civil Court with his grievance.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010034092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1110/2024o RAMJANoALIo SONoOFoLATEoSAMSHERoALI,oRESIDENToOFoVILLAGE-oDUTTAKUCHI,oP.O.o DABALIAoPARA,oDISTRICT-oBARPETA,oASSAM,oPIN-o781316 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo THROUGHoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENTo OFoASSAM,oSECONDARYoEDUCATIONoDISPUR,oGUWAHATI-o781006 2:THEoMISSIONoDIRECTOR oSAMAGRAoSHIKHA oASSAMoKAHILIPARA oGUWAHATI-o781019 3:THEoDISTRICToMISSIONoCOORDINATOR-CUM-DISTRICToELEMENTARYo EDUCATIONoOFFICER oSAMAGRAoSHIKHA oASSAM oDISTRICToANDoP.O.oBARPETA oASSAMoPIN-o781019 4:THEoBLOCKoMISSIONoCOORDINATOR-CUM-BLOCKoELEMENTARYo EDUCATIONoOFFICERo(SSA) oHOWLYoP.O.oHOWLY oDISTRICT-oBARPETA oASSAMoPIN- 5:THEoHEADoMASTER oDHAKALIAoPARA-DABALIAoPARAoHIGHoSCHOOL oP.O.oDABALIAoPARA oDISTRICT-oBARPETA oASSAM oPIN-o78131o Page No.# 2/3 Advocate for the Petitioner : MR. S Ali Advocate for the Respondent : SC, SEC. EDU. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA