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Gauhati High Court · body

1994 DIGILAW 37 (GAU)

Nripendra Roy v. State of Assam and Ors.

1994-03-04

D.N.BARUAH

body1994
Both these Civil Rules involves similar questions of law and fact. Therefore, I propose to dispose of these Civil Rules by this judgment. 2. In pursuance of supply orders dated 1.11.91, 26.2.93 and 3.4.93 (Annexures A1, A2 and A3 respectively in Civil Rule 28 of 1994) and orders dated 25.8.92 and 3.4.93 (Annexure A1 and A2 respectively in Civil Rule No. 38 of 1994) the third respondent placed order for supply of fencing materials to the Veterinary Department (Hills), Assam, Haflong. In pursuance of the said orders the petitioners supplied the materials and petitioner in Civil Rule No. 28 of 1994 submitted bill for Rs.77,73,300/- and petitioner in Civil Rule No. 38 of 1994 submitted bill for Rs.77,23,300/-. After supply of the materials though the bills were submitted, payment has not yet been made in spite of repeated reminders. Hence the petitioners have filed the above Civil Rules. 3. I have heard Mr. DP Chaliha, learned counsel for the petitioners in both the Civil Rules and Mr. BL Singh, learned Government Advocate. 4. Mr. Chaliha submits that the Government has accorded sanction of Rs. 39,06,660/- in respect of supplies in both the cases. However, sanction for the remaining amount of Rs. 1,15,90,600 is yet to be sanctioned. 5. Mr. Singh submits that the petitioner may receive the amount already sanctioned equally i.e. petitioner in Civil Rule No. 28 of 1994 may receive Rs. 18,53,000/- and petitioner in Civil Rule No. 38 of 1994 may receive Rs. 18,53,000/-. 6. In view of the submissions made by the learned counsel for the petitioners as well as the learned Government Advocate, I dispose of these Civil Rules with a direction to the third respondent to pay Rs. 18,53,000/- to the petitioners in both the Civil Rules. The third respondent in also directed to make arrangement for sanction of the balance amount within a period of 2 (two) months.