Nripen Talukdar v. The State of Assam and 5 Ors

ORDER Date : 24.07.2023

¶1The case of the Petitioner herein is that the Petitioner herein is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of an amount of Rs.4,59,436.50/-.

¶2The case of the Petitioner herein is that the Director of Information, Public Relation, Printing and Stationary Assam i.e. the Respondent No.5 had issued a Page No.# 3/4 tender for the purpose of Ration Cards Binding with Folding, Gathering, Stitching, Cutting, Numbering and all finishing under the NFSA-2013. The Petitioner participated in the said tender process and was issued two work orders, the details of which are given hereinbelow:- Sl. No. Work Order Details of Work DPS/PTG(S)18/2013-14/49 10,46,200 copy of Ration Card Binding with Folding, Gathering, Stitching, Cutting, Numbering and all finishing product as per Govt. approved rate of Rs.1.50/- per copy. DPS/PTG(S)18/2013-14/48 44741 copy of Ration Card Binding with Folding, Gathering, Stitching, Cutting, Numbering and all finishing product as per Govt. approved rate of Rs.1.50/- per copy

¶3The Petitioner submitted his bill vide Serial No.542 amounting to Rs.15,69,300/- and another bill amounting to Rs.67,111.50/-. The Respondent No.5 i.e. Director of Information, Public Relation, Printing and Stationary, Assam had on 26.04.2014 paid an amount of Rs.11,76,975/- against the total claimed entitlement of Rs.15,69,300/-. Apart from that, the Respondent No.5 has also failed to pay the amount of Rs.67,111.50/-. The Petitioner claims an amount of Rs.4,59,436.50/- to be outstanding and entitled. The Petitioner thereupon had approached the Respondent Authorities on various occasions but as the Respondent Authorities have failed to make the payment, the Petitioner has approached this Court by filing the present writ petition.

¶4It appears on record that this Court had issued notice on 30.09.2022. Today, when the matter has been listed, Mr. N. Goswami, the learned counsel appearing on behalf of the Food and Civil Supplies Department as well also for Page No.# 4/4 the Director of Information, Public Relation, Printing and Stationary, Assam had submitted that as to whether the Petitioner would be entitled to the remaining amount of Rs.4,59,436.50/- would require a verification to be carried out by the said Respondent Authorities.

¶5Taking into account the above, this Court therefore disposes of the instant writ petition thereby directing the Respondent Nos. 5 and 6 to make necessary verification as to whether the Petitioner is entitled to the amount of Rs.4,59,436.50/- as claimed in the instant writ petition or any other amount in respect to the work orders above mentioned and thereupon, after the verification if it is found that the Petitioner is entitled to the said amount or such other amount, the same be paid to the Petitioner.

¶6The entire exercise shall be completed by the Respondent Authorities including the Respondent Nos. 5 and 6 within a period of 3 (three) months from the date a certified copy of the instant order is served upon the Respondent Nos. 5 and 6.

¶7With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010200202022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/6573/2022 NRIPENoTALUKDAR S/O-oLATEoPARASUoRAMoTALUKDAR o SOLEoPROPRIETORoOFoM/SoABALAS o HAVINGoITSoREGISTEREDoOFFICEoAToMRDoROAD oANURADHAoCOMPLEX oBAMUNIMAIDAM o P.O-oBAMUNIMAIDAM oGUWAHATI-21 oVERSUS THEoSTATEoOFoASSAMoANDo5oORS REP.oBYoTHEoCHIEFoSECRETARY oGOVT.oOFoASSAM oDISPUR oGUWAHATI-06 2:THEoADDL.oCHIEFoSECRETARY GOVT.oOFoASSAM oFOODo oCIVILoSUPPLIESoANDoCONSUMERoAFFAIRSoDEPARTMENT oDISPUR oGUWAHATI-06 o3:THEoPRINCIPALoSECRETARY GOVT.oOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-06 o4:THEoCOMMISSIONER GOVT.oOFoASSAM Page No.# 2/4 INFORMATION PUBLIC RELATION PRINTING AND STATIONARY DEPARTMENT DISPUR GUWAHATI-06 5:THE DIRECTOR INFORMATION PUBLIC RELATION PRINTING AND STATIONARY GOVT. OF ASSAM BAMUNIMAIDAM GUWAHATI-21 6:THE DIRECTOR FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS GOVT. OF ASSAM DEPARTMENT BHANGAGARH GUWAHATI-05 For the Petitioner(s) : Ms. P. Chutia, Advocate For the Respondent(s) : Mr. N. Goswami, Advocate for Respondent Nos. 1, 2, 4, 5 and 6 : Mr. P. Nayak, Advocate for Respondent No.3 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH