Sarawgi Petroleum Agency and Anr v. The State of Assam and 2 Ors

ORDER Date : 17.09.2024

Heard Ms. M Hazarika learned senior counsel assisted by Ms. S Newar learned counsel for the petitioners and Mr. S. Borah learned standing counsel, BTC. The grievance raised in the writ petition is that though the petitioners from their retail outlet situated at Gossaigaon, Kokrajhar supplied High Speed Diesel (HSD) on a regular basis to the respondents in the Public Health Engineering Department; the said respondents have not yet paid the dues payable to them and in that process, an admitted amount of Rs.29,19,542 is yet to be paid to the petitioners. In support of such contention, the petitioners had also annexed a statement showing the details of bills annexed as Annexure – 1 prepared purportedly by the Executive Engineer (PHE), Gossaigaon Division, Gossaigaon. According to Mr. Borah, learned standing counsel, BTC the authorities shall require to verify the details of such proposal sent by the Executive Engineer, PHE and to find out the veracity and after Page No.# 3/3 completion of such verification, the admitted amount shall be paid to the petitioners within a specific time period. In view of the aforesaid submission, the present writ petition is disposed of by directing the respondent No.4 to verify the claim of the petitioners as regards outstanding liabilities against fuel bills/supply of fuel as well as the proposal submitted by the Executive Engineer, Gossaigaon Division, Gossaigaon by way of Annexure – 1 dated 02.08.2021. Such verification shall be completed within a period of one month from the date of receipt of a certified copy of this order. On the basis of outcome of such verification, the amounts admitted by the Principal Secretary, BTC be paid to the petitioners within a period of two months from the date of verification. The writ petition stands disposed of with the aforesaid terms.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010183662021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5884/2021o SARAWGIoPETROLEUMoAGENCYoANDoANRo AoPARTNERSHIPoFIRMoHAVINGoITSoDEALERSHIPoATo31CoNHoROAD,oPADMA BILL,oPOoGOSSAIGAON,oBTAD,oKOKRAJHAR,o783360 2:oANKIToPATNI oAUTHORISEDoREPRESENTATIVEoANDoSIGNATORYoOFoSARAWGIo PETROLEUMoAGENCY oRESIDENToOFoFLAToNO.o303 oSEWDAoCOMPLEX oCHATRIBARI oGUWAHATIo78100o VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo THROUGHoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oPUBLICoHEALTHo ENGINEERINGoDEPARTMENT,oDISPURoGUWAHATIo781006 2:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oGOVT.oOFoASSAM oHENGRABARI oGUWAHATI 3:THEoEXECUTIVEoENGINEER oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oGOSSAIGAONoDIVISION oGOSSAIGAON oKOKRAJHAR oASSAM 4:BODOLANDoTERRITORIALoCOUNCIL oREPRESENTEDoBYoTHEoPRINCIPALoSECRETARY oBODOFAoNAGAR Page No.# 2/3 KOKRAJHAR- 783370 Advocate for the Petitioner : MR D KHAN, MS. S NEWAR Advocate for the Respondent : SC, P H E, SC, BTC BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY