M/S. Basumatary Enterprise and Anr v. The Bodoland Territorial Council and 3 Ors

ORDER Date : 28.08.2024

Heard Mr. S Borthakur learned counsel for the petitioner. Also heard Mr. S Bora learned standing counsel, BTC. The projected case of the petitioner is that during the time when Covid 19 pandemic was in its peak, the respondent BTC authorities directed the petitioner to supply numbers of materials to the respondent at different health care facilities. In compliance of the said direction, the petitioner had supplied numbers of materials at different health facilities at different locations by investing his own resources but the respondent BTC authorities has not yet finalized the rate and accordingly the writ petition was filed. An affidavit was filed by the Secretary of BTC, Kokrajhar with a stand that though there was an order of procurement, however, it was not approved by higher authorities. As it was not clear whether the claim of the petitioner is admitted, further time was granted by this court under its order dated

21.02.2024 permitting the respondents to file a specific affidavit as regards the claim made by the petitioner. Subsequently, an affidavit has been filed by the respondent Secretary of the BTC, who has taken the following stand at paragraph Nos.4 & 5 of the aforesaid affidavit. Page No.# 3/4

¶4That the deponent begs to state that the Incharge of Central Drugs Ware House, BTC, vide letter No.CDWH/BTC/K24-25/14 dt.02/05/2024 submitted a tabulation of various items received from M/S Basumatary Enterprise; Bandurguri, Chirang for all Govt. and Non Govt. officers of four districts of BTC including BTC Secretariat for Covid-19 crisis related supply. But there is no indication regarding the rate of items.

¶5Further the deponent begs to state that the petitioner's claim is being examined and once process is complete and found eligible for making payment, the decision will be taken in the light of the directions in "Tamsher Ali & Ors Vs. The State of Assam & Ors reported in 2008 (4) GLT 1."

In conformity with the aforesaid stand, Mr. S Bora learned standing counsel, BTC submits that he has instructions to submit that the writ petition can be disposed of by directing the respondent authorities to consider the case of the petitioner in terms of the determination in Tamsher Ali Vs. State of Assam reported in 2008(4) GLT 1 (FB) within a specific time frame. Mr. S Borthakur submits that he will have no grievance, if the matter is relegated to the authorities for verification and payment within a specific period. Considering the consensus arrived at the bar as well as the stand taken by the BTC authorities, the present writ petition is disposed of by permitting the petitioner to file a fresh representation along with a copy of this order passed today before the Principal Secretary, BTC within a period of two weeks from today. On receipt of such representation, the Principal Secretary BTC shall consider the claim of the petitioner, verify the same and if it is found Page No.# 4/4 that the amount claimed by the petitioner is admissible, he shall pay the said amount to the petitioner within a period of eight weeks after completion of such verification. In the aforesaid terms, the writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010040792022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1770/2022o M/S.oBASUMATARYoENTERPRISEoANDoANRo AoPROPRIETORSHIPoCONCERN,oHAVINGoITSoOFFICEoAToBANDUGURI,o DANGAIGAON,oCHIRANG,oASSAM-783380,oREP.oHEREINoBYoITSo PROPRIETORoSRIoMUKTAoBASUMATARY. 2:oMUKTAoBASUMATARY oS/O-oLATEoMUNINDRAoBASUMATARY oR/O-oBANDUGURI oDANGAIGAON oCHIRANG oASSAM-783380o VERSUSo THEoBODOLANDoTERRITORIALoCOUNCILoANDo3oORSo KOKRAJHAR,oASSAM,oREP.oBYoITSoPRINCIPALoSECRETARY,oPIN-o783370. 2:THEoPRINCIPALoSECRETARYoBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oASSAM oPIN-o783370. 3:THEoDEPUTYoSECRETARYo(HoANDoFWoDEPT.) oBTC oKOKRAJHAR oPIN-o783370. 4:THEoJOINToSECRETARYo(HoANDoFWoDEPT.) oBTC oKOKRAJHAR oPIN-o783370o AdvocateoforotheoPetitionerooooo:oMRoSoBORTHAKUR,oMR.oDoGOGOI,MR.oP.oSINGHA,MRoPoHo KONWARo Page No.# 2/4 Advocate for the Respondent : SC, BTC, BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY