M/S Noble Agency v. The State of Assam and 2 Ors

ORDER Date : 02.02.2024

Heard Ms. M. Das, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned counsel for the respondent No.1 and Ms. U. Das, learned Additional Senior Government Advocate for the respondents No. 2 and 3.

¶2By filing the writ petition, the petitioner has prayed for a direction to the respondent authorities for payment of an outstanding bill of Rs.27,64,174/- (Rupees Twenty Seven Lacs Sixty Four Thousand One Hundred and Seventy Four) only against supply of various essential materials for use in the Covid Quarantine Centre under Cachar district, Assam pursuant to the work order issued by the respondent authorities.

¶3The petitioner being a registered government contractor and supplier was issued work orders for supply of essential materials/items for use in the Covid Quarantine Centers during Covid pandemic in the year 2020 in the District of Cachar, Assam which are as follows:-

i) Work orders No.CNZ.10/2010/Pt/50 dated 05.04.2020

ii) Work orders No.CNZ.10/2010/Pt dated 06.04.2020

iii) Work orders No.CNZ.10/2010/Pt/59 dated 08.04.2020

iv) Work orders No.CNZ.10/2010/Pt/62 dated 09.04.2020 Page No.# 3/4

v) Work orders No.CNZ.10/2010/Pt dated 13.04.2020

vi) Work orders No.CNZ.10/2010/Pt dated 24.04.2020

vii) Work orders No.CNZ.10/2010/Pt dated 24.04.2020

viii) Work orders No.CNZ.10/2010/Pt dated 24.04.2020

ix) Work orders No.CNZ.10/2010/Pt dated 25.04.2020

x) Work orders No.CNZ.10/2010/Pt/ dated 05.05.2020

xi) Work orders No.CNZ.10/2010/Pt/ dated 06.05.2020

xii) Work orders No.CNZ.10/2010/Pt/ dated 08.05.2020

xiii) Work orders No.CNZ.10/2010/Pt/ dated 10.05.2020

¶4Accordingly, the petitioner has supplied the essential materials/items in the different Quarantine Centres in the district of Cachar, which has been duly acknowledged by the respondent authorities. Thereafter, the petitioner has submitted a bill amounting to Rs.27,64,174/- (Rupees Twenty Seven Lacs Sixty Four Thousand One Hundred and Seventy Four) only. However, the respondent authorities have failed to make payment of the said amount to the petitioner. Hence, this present petition for a direction for release of the aforesaid amount.

¶5The respondent authorities through the respondent No.3 have filed affidavit, clearly admitting the amount as claimed by the petitioner. It is also stated that as and when the fund is received from the government, the payment will immediately be released.

¶6Having considered that the petitioner has supplied the essential materials/items during the Covid-19 pandemic coupled with the fact that the bill has been verified and found to be entitled to the petitioner as well as respondents have stated that as and when the fund is received from the government the payment of the outstanding bill of Rs.27,64,174/- as submitted and claimed by the petitioner shall be released, this Court deem it appropriate to dispose of the writ petition with a direction to release the Page No.# 4/4 outstanding admitted amount to the petitioner.

¶7Accordingly, the respondent authorities particularly the respondents No.1 and 3 are directed to release the admitted outstanding amount of Rs.27,64,174/- (Rupees Twenty Seven Lacs Sixty Four Thousand One Hundred and Seventy Four) only to the petitioner within three months from today. Writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010215482022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6909/2022o M/SoNOBLEoAGENCYo REPRESENTEDoBYoPROPRIETORoSRIoNEPALoCHANDRAoNANDI,oAGE-o72o YEARS,o SONoOFoLATEoNAGENDRAoCHANDRAoNANDI,o RESIDENToOFo-oRANGIRKHARI,oTARANIoDEBNATHoPATH,o HOUSEoNO.o93,oP.O.oANDoP.S.-oSILCHAR,o DISTRICT-oCACHAR,oASSAM,o PIN-o788006. VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o REVENUEoANDoDISASTERoMANAGEMENT,oASSAM,o DISPUR,oGUWAHATI-o06. 2:THEoDEPUTYoCOMMISSIONER-CUM-CHAIRPERSON oDISASTERoMANAGEMENToAUTHORITY oSILCHAR o DISTRICT-oCACHAR oASSAM oPIN-o788006. 3:THEoADDITIONALoDEPUTYoCOMMISSIONER oTHEoTHENoIN-CHARGEo DISASTERoMANAGEMENToAUTHORITY o SILCHAR oDISTRICT-oCACHAR oASSAM Page No.# 2/4 PIN- 788006 Advocate for the Petitioner : MS M DAS Advocate for the Respondent : SC, REVENUE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE