M/S Rt Hardware and Suppliers and Anr v. The State of Assam and 6 Ors

O R D E R

23.08.2023

The instant writ petition has been filed by the petitioner seeking a direction upon the respondent Nos.6 & 7 to release the amount of Rs.76,18,804/- for the materials supplied by the petitioner for different schemes under the MGNREGA within a stipulated time with interest.

¶2It appears from the writ petition that the Junior Engineer, P&RD Page No.# 3/4 Department had requested the petitioner who is a registered supplier under DRDA to supply materials for the various schemes as mentioned in Clauses (i) to (xxi) of the paragraph No.6 of the instant writ petition for the financial year 2016-17 & 2017-18. The petitioner, accordingly, supplied the materials at the work site of the respective schemes and the concerned Junior Engineer having received the same in full and good conditions made entry in the Measurement Book. The said Junior Engineer submitted the bills along with Measurement Book in the Office of the Borkhola Development Block. The Block Development Officer, thereupon after making necessary verification, approved the bills with a direction to his officials to do the needful for payment. The petitioner submitted that as per the verification so made by the Block Development Officer, the petitioner is entitled to an amount of Rs.76,18,804/- for supplying the materials by the petitioner. The petitioner thereupon approached the respondent authorities for making payment of the said amount. However, no payment has been made for which the petitioner has approached this Court under Article 226 of the Constitution.

¶3This Court had issued notice on 13.09.2021. It reveals from the record that an affidavit-in-opposition was filed by the respondent No.7 wherein it has been stated that the Block Development Officer, Borkhola duly admitted that the petitioner is entitled to an amount of Rs.76,18,804/- for the year 2016-17 & 2017-18.

¶4The above stand taken by the respondents shows that the Block Development Officer, Borkhola had duly admitted the dues of the petitioner. Be that as it may, Mr. N. K. Debnath, the learned counsel appearing on behalf of the P&RD duly submitted that the said admission Page No.# 4/4 of the petitioner's entitlement is made only by the Block Development Officer. He submitted that the Commissioner, Panchayat and Rural Development Department may be directed to carry out the verification as to the entitlement of the petitioner within a time frame.

¶5Taking into account the above submission and the categorical admission by the Block Development Officer, Borkhola, this Court disposes of the instant writ petition with a direction to the Commissioner, Panchayat and Rural Development Department to carry out the verification as to whether the petitioner is entitled to the amount of Rs.76,18,804/- and upon making necessary verification, if it is found that the petitioner is entitled to, the said amount be paid to the petitioner. The said exercise be completed within a period of four months from the date of a certified copy of the instant order is submitted to the Commissioner, Panchayat and Rural Development Department.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010131492021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4511/2021o M/SoRToHARDWAREoANDoSUPPLIERSoANDoANRo REPRESENTEDoBYoITSoPROPRIETOR,oRAMDHANoTONTUBAI,o VILLAGEoDUDPATIL,oPOoLABURBAND,PSoSILCHAR,oDISTo CACHAR,ASSAM. 2:oRAMDHANoTONTUBAI oS/OoCHANDoTONTUBAIo PROPRIETORoOFoM/SoR.ToHARDWAREoANDoSUPPLIES oVILLAGEoDUDPATIL oPOoLABURBAND PSoSILCHAR oDISToCACHAR ASSAMo VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT,o DISPURoGHYo06 2:THEoCOMMISSIONER oPANCHAYAToANDoRURALoDEVELOPMENToDEPT.oPANJABARI oGUWAHATIo37 3:THEoDEPUTYoCOMMISSIONERoCUMoDISTRICToPROGRAMMEoCOo ORDINATOR (MNERGA) oCACHAR oASSAM 4:THEoCHIEFoEXECUTIVEoOFFICER Page No.# 2/4 CACHAR ZILLA PARISHAD SILCHAR CACHAR ASSAM 5:THE PROJECT DIRECTOR CACHAR ZILLA PARISHAD SILCHAR CACHAR ASSAM 6:THE ACCOUNT OFFICER BORKHOLA DEVELOPMENT BLOCK DIST CACHAR ASSAM 7:THE BLOCK DEVELOPMENT OFFICER CUM PROGRAMME OFFICER MGNREGA BORKHOLA DEVELOPMENT BLOCK CACHAR ASSA For the petitioner (s) : Mr. M. J. Quadir, Advocate For the respondent (s) : Mr. N. K. Debnath, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH