M/S Abhijit Auto Agency (I) Pvt. Ltd v. The State of Assam and 2 Ors

ORDER Date : 13-05-2024 Heard Mr. N.A. Singh, learned counsel for the petitioner and Ms. G. Bora, learned counsel who has appeared for all the respondents.

¶2By filing this writ petition, the petitioner claims for release of a sum of Rs.6,29,901.00 (Rupees Six Lakhs Twenty Nine Thousand Nine Hundred and One) which is due to him for supply of TATA commercial vehicles to the beneficiaries under a certain scheme. It is the case of the petitioner that the vehicles are given to the beneficiaries at the subsidized rate. The beneficiaries pay for a certain amount of the price of the vehicles and the remaining balance in the form of subsidy is to be paid by the State Government in the Agriculture Department.

¶3The learned counsel for the petitioner has drawn the attention of this Court to the amount due to the petitioner as worked out by the petitioner which is annexed as Annexure-IV, page-20 of the writ petition.

¶4Ms. G. Bora, learned counsel for the respondents submits that she may be given some time to obtain instructions in the matter.

¶5Mr. N.A. Singh, learned counsel for the petitioner on the other hand submits that if certain amount has already been disbursed to the petitioner, the respondents will be at liberty to deduct the same from the final amount to be paid to the petitioner. Page No.# 3/3

¶6Be stated herein that a Full Bench judgment of this Court in Tamsher Ali and Etc. Etc. Vs. State of Assam and Ors. reported in 2008 (4) GLT 1 has laid down certain steps and guidelines for verifying and releasing the admitted liability of the State Government. Therefore, this Court does not find any impediment in disposing of this writ petition in terms of Tamsher Ali (supra).

¶7In view of the above, the respondent authorities within a period of 4

(Four) weeks from the date of receipt of certified copy of this order shall verify the claim made by the petitioner regarding the outstanding liability and if the same is found to be correct and genuine, the same shall be processed in accordance with law in terms of the decision rendered by this Court in Tamsher Ali (supra).

¶8With the above observations and directions this writ petition stands disposed of.

¶9It is needless to mention herein that if there is any amount paid to the petitioner in the meantime, the respondents are at liberty to deduct the same.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010150202022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4994/2022o M/SoABHIJIToAUTOoAGENCYo(I)oPVT.oLTD.o AoCOMPANYoDULYoREGISTEREDoINoTERMSoOFoTHEoPROVISIONSoOFoTHEo COMPANIESoACT,o1956oHAVINGoITSoREGISTEREDoOFFICEoANDo SHOWROOMoAToVILL-oSORUSAJAI,oNEARoSPORTSoCOMPLEX,oNH-37,o GUWAHATI-781034oANDoISoREPRESENTEDoBYoITSoDULYoAUTHORIZEDo DIRECTOR,oSRIoVIJAYoKUMARoJASRASARIAoS/OoLATEoCHIRANGILALo JASRASARIA VERSUSo THEoSTATEoOFoASSAMoANDo2oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o AGRICULTURE,oANIMALoHUSBANDRYoANDoVETERINARYoDEPARTMENT,o KRISHIoBHAWAN,oG.S.oROAD,oKHANAPRA,oGUWAHATI-781022,oASSAM 2:THEoDIRECTORoOFoAGRICULTURE oKRISHIoBHAWAN oG.S.oROAD oKHANAPARA oGUWAHATI-781022 oASSAM 3:THEoCHIEFoENGINEER oAGRICULTURE oKRISHIoBHAWAN oG.S.oROAD oKHANAPARA oGUWAHATI-o781022 oASSAo AdvocateoforotheoPetitionerooooo:oMR.oNoANIXoSINGHo Page No.# 2/3 Advocate for the Respondent : SC, AGRI. DEPARTMENT BEFORE HONOURABLE MR. JUSTICE NELSON SAILO