M/S Balaji Traders v. The State of Assam and 7 Ors

ORDER Date : 28.06.2024

¶1Heard Ms. N. Ahmed, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned counsel for the Tribal Affairs (Plain) Department.

¶2The grievance of the petitioner is that on completion of supply work given to the petitioner under the scheme 'Distribution of Grants indicative items under procurement & supply includes Sports goods and Equipment' to Madahi Development Council, the respondents were to disburse a sum of Rs.12,63,605/- to the petitioner. As the same was not being done, the petitioner filed the present case.

¶3On 29.05.2024, Mr. R. Dhar, learned counsel had produced a cheque for payment of Rs.3,00,000/- to the petitioner, which was allowed to be submitted before the Registry. Mr. R. Dhar submits that the said cheque has been submitted with the Registry on 30.05.2024.

¶4This Court, vide order dated 29.05.2024 had also recorded the submission made by Mr. R. Dhar that the respondents would pay the balance admitted amount of Rs.9,58,333/- with 3 (three) months w.e.f 29.05.2024. The order also stated that some amount should also be paid to the petitioner within 1 (one) month.

¶5On 26.06.2024, Mr. R. Dhar, learned counsel had brought Cheque No.426527 dated 25.06.2024 for Rs.1,00,000/-, payable to the petitioner. The number '0' in the year 2004 had been cancelled and the number '2' had been given, by way of a black pen, while all the other notings on the cheque was made with a blue pen. Page No.# 3/4

¶6Today, Mr. R. Dhar, learned counsel for the respondent has produced a Bank of Maharashtra, Ganeshguri Branch cheque, bearing No. 426528, dated

26.06.2024, for Rs. 1 Lakh, payable to the petitioner, in lieu of the above cheque dated 25.06.2024.

¶7Mr. R. Dhar has also submitted letter dated 24.06.2023 issued by the Director, Tribal Affairs (P), Assam, requesting him to take time for three months, for making payment of the pending liability of the petitioner, i.e. for Rs. 8,58,333/-. Mr. R. Dhar submits that the letter dated 26.04.2023 should be read as 24.06.2024 and the same is clarified by the contents of the said letter, which is as follows:- "NO.DTA/MDC/148/2023-24/28 Dated Guwahati the 24th June, 2023 From: The Director, Tribal Affairs (P), Assam Rukmininagar, Guwahati -6

To : Shri Rahul Dhar, Addl. Senior Advocate & Standing Counsel Tribal Affairs (P), Assam, Gauhati High Court.

Subject: Court Case No. WP(C)1325/2023, M/s Balaji Traders vs State of Assam & 7 ors

Reference: Your representation regarding the above-mentioned court case.

Sir, With reference to the above, I am to inform you that the Madahi Development Council had Budget provision of Rs. 33.60 lakh during the financial year 2023-24 where in an amount of Rs. 3.00 lakh was earmarked against pending liability of M/s Balaji Traders. Accordingly the amount of 3.0 lakh was released vide cheque no. "426526", dated 06-05-2024. Page No.# 4/4 Further, in compliance of Hon'ble Gauhati High order dated 29-05-2024 an amount of Rs. 1,00,000/- (Rupees One lakh) only is released to M/s Balaji Traders from the budget of 2023-24. For the remaining amount of pending liability of Rs. 8,58,333/-, the aforesaid Council has decided to earmark the entire pending amount in the current financial year 2024-25. An amount of Rs. 33.60 lakh has been earmarked against the Madahi Development Council for the current financial year and the list of activities are yet to be finalized. The meeting for finalization of list of activities which are to be implemented during the year 2024-25 is scheduled on 4th July, 2024 and the matter of payment of pending liability amounting to Rs.8,58,333/- in favour of M/s Balaji Traders shall be considered in the said meeting. Once the list of activities including the matter of pending payment is received by this office, the matter shall be processed for submission to the Govt. for sanction of fund. In view of the above you are requested to apprise the Hon'ble Gauhati High Court and seek additional time of 3 months more for payment of the pending liability to M/s Balaji Traders. "

¶8The cheque for Rs. 1 Lakh be deposited by Mr. Dhar in the Registry and the same shall thereafter be furnished to the petitioner on proper identification.

¶9On considering the fact that the respondents have admitted to the fact that they are still liable to pay Rs.8,58,333/- to the petitioner and that they would pay the same within three months, there is nothing left to adjudicate in this case.

¶10The respondents are accordingly directed to pay to the petitioner the balance amount of Rs. 8,58,333/-, within a period of three months from today.

¶11The writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010048852023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1325/2023o M/SoBALAJIoTRADERSo AoPROPRIETORSHIPoFIRMoHAVINGoITSoOFFICEoAToGNBoROADoGUWAHATIo ANDoALSOoREGISTEREDoUNDERoMSME/UDYAMoADHARoHAVINGoITSo REGISTRATIONoNO.oUDYAMoASo03-0001709oREP.oBYoITSoMANAGERoNAMELYo MR.oDIBANoDAIMARI VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAMoTRIBALo AFFAIRSoPLAINoDoBLOCKoDISPURoGUWAHATIo6 2:THEoSECRETARY oGOVT.oOFoASSAMoTRIBALoAFFAIRSoPLAINoDoBLOCKoDISPURoGUWAHATIo6 3:THEoCOMMISSIONERoANDoSECRETARY oGOVT.oOFoASSAMoFINANCEo(EC-I)oDEPTT.oDISPURoGUWAHATIo6 4:THEoCOMMISSIONERoANDoSECRETARYo(FINANCE)o(BUDGET) oDISPURoGUWAHATIo6 5:THEoDIRECTOR oTRIBALoAFFAIRSoPLAINoASSAMoRUKMINIoNAGARoGUWAHATIo6 6:THEoFINANCEoANDoACCOUNToOFFICERoDIRECTORATEo(FAO) oTRIBALoAFFAIRSoPLAINoASSAMoRUKMINIoNAGARoGUWAHATIo6 7:FINANCEoADVISORo(FA) oTRIBALoAFFAIRSoPLAINoASSAMoRUKMINIoNAGARoGUWAHATIo6 8:JOINTo/DEPUTYoDIRECTOR oTRIBALoAFFAIRSoPLAINoASSAMoRUKMINIoNAGARoGUWAHATIo AdvocateoforotheoPetitionerooooo:oMR.oSoSARMAo AdvocateoforotheoRespondento:oSC,oFINANCEoo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA