M/S Arun Travels v. The State of Assam and 5 Ors

ORDER Date : 16.09.2024

Heard Mr. T. K. Misra, learned counsel for the petitioner and Mrs. S. Sarma, learned counsel for the Health Department. Also heard Mrs. U. Das, learned counsel for the respondent Nos. 4 & 6 and Ms. R. M. Baruah, learned counsel for the respondent No. 5.

¶2The petitioner's counsel submits that the petitioner firm had been provided vehicles to the Kamrup Metropolitan District Administration for the use of the Health Department for vaccination purposes during the Covid pandemic.

¶3The grievance of the petitioner firm is that the petitioner has not been paid hiring charges of the vehicles amounting to Rs. 11,17,243/-.

¶4Ms. U. Das, learned counsel for the respondent Nos. 4 & 6 submits that the authorities have not yet released the outstanding dues of the petitioner, though Page No.# 3/3 the dues have been duly verified by the authority. However, the fund requirement for payment of the said hiring charges is to be provided by the Director of Health Service (FW), Kamrup (M) and the Joint Director of Health Services, Kamrup (M), i.e. respondent Nos. 2 & 3. She submits that the fund requirement for payment of the dues of the petitioner was submitted by the District Immunization Officer, Kamrup (M), Assam to the Director of Health Services (FW), vide letter No. Addl.CMNHO.EM.Estt./11 dated 22.03.2023. Ms. U. Das submits that the payment for the hiring chares will have to be paid by the respondent Nos. 2 & 3 to the petitioner, through the District Administration.

¶5Ms. S. Sarma, learned counsel for the respondent Nos. 1, 2 & 3 submits that the bills of the petitioner have been verified and the petitioner is liable to be paid Rs. 11,17,243/-.

¶6In view of the above, this Court is of the view that as the bills of the petitioner have been verified and as the petitioner is liable to be paid Rs. 11,17,243/-, the respondent Nos. 1, 2, 3 & 5 are directed to place the required amount before the respondent Nos. 4 & 6 and pay the said amount to the petitioner. The entire exercise should be concluded within a period of 3 (three) months from the date of receipt of a certified copy of this order.

¶6The writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010284002023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7381/2023o M/SoARUNoTRAVELSo HAVINGoITSoOFFICEoAToHENGRABARI,oGUWAHATI-781006,oASSAM,o REPRESENTEDoBYoITSoPROPRIETORoSWAPNAoBARMANo(AGEDoABOUTo34o YEARS),oD/OoSRIoDHARANIoBARMAN,oR/OoHOUSEoNO.o17,oWARDoNOo51,o HENGRABARIoROAD,oGUWAHATI-781006,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOF ASSAM,oHEALTHoANDoFAMILYoWELFAREoDEPARTMENT,oDISPUR,o GUWAHATI-781006 2:THEoDIRECTORoOFoHEALTHoSERVICESo(FW) oKAMRUPo(METRO) oHENGRABARI oGUWAHATI-781036 3:THEoJOINToDIRECTORoOFoHEALTHoSERVICES oKAMRUPo(METRO) oDISPUR oGUWAHATI-781006 4:THEoDISTRICToIMMUNIZATIONoOFFICER oKAMRUPo(METRO) oGUWAHATI-781003 oDIST-KAMRUP oASSAM 5:THEoCOMMISSIONERoANDoSECRETARY oGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-781006 Page No.# 2/3 DIST- KAMRUP ASSAM 6:THE DEPUTY COMMISSIONER KAMRUP METROPOLITAN DISTRICT GUWAHATI PIN-781001 ASSA Advocate for the Petitioner : MR. T K MISRA, MR. A. GAYAN,DIPTI CHAKRAVARTY,MR. P K MUNIR Advocate for the Respondent : SC, HEALTH, GA, ASSAM,SC, FINANCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA