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2017 DIGILAW 631 (GAU)

Raj Traders v. State of Assam

2017-05-23

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT & ORDER : 1. None appears for the petitioner, when the matter is called upon. Mr. S.P. Choudhury, learned counsel appearing for all the respondents. 2. The petitioner was placed with certain orders by the Superintendent of Police (City) Guwahati, for supply of spare parts and accessories for the official vehicles. The said supply orders are as Annexure A series to the writ petition. One such supply order is at Page- 11 of the writ petition dated 03.06.99 addressed to the petitioner for supply of one meter rexin, seat clip for the vehicle No. AS-30/0472. By another supply order dated 12.06.1998, the petitioner was placed with the order for supply of 13 meter hood cloth, one meter rexin and some such items for the vehicle AS-30/0342 Jeep. 3. The supply orders were under the signature of one Mrinal Das in respect of vehicle AS-30/0472 and one Gunaram Gogoi in respect of vehicle No. AS-30/0342. Similarly other supply orders are also available and annexed to the writ petition. 4. The petitioners state that pursuant to the said supply orders, the petitioners had made the required supply and the respondents had received the same. Subsequently thereto, the petitioners submitted certain final bills to the Superintendent of Police (City), Guwahati, the total being an amount of Rs.5,64,418/-. 5. The respondent authorities have not filed any affidavit-in-opposition opposing the claim of the writ petitioner. In such view of the matter, by invoking the law of non-traversal, the claim of the petitioners is to be admitted. 6. But be that as it may, Mr. S.P. Choudhury, learned standing counsel makes a submission that ends of justice would be met, if a direction is issued to the respondent authorities to verify each and every claim of the petitioners and pass appropriate order thereon and upon such verification, if it is found that the supply orders were made and the petitioners had made the necessary supply, the required payment for the same be also made. 7. As none appears for the petitioners, it could not be ascertained from the petitioners, as to whether the petitioners had received the said amount or not. At the same time, the matter was listed on 29.03.2010 and thereafter, it was not listed, which also gives an indication that the learned counsel for the petitioners had not taken any steps requesting the Registry for listing of the matter. 8. At the same time, the matter was listed on 29.03.2010 and thereafter, it was not listed, which also gives an indication that the learned counsel for the petitioners had not taken any steps requesting the Registry for listing of the matter. 8. In such view of the matter, this writ petition is disposed of with a direction to the respondent, Superintendent of Police (City), Guwahati to verify as to whether the supply orders annexed as Annexure-A series to the writ petition were issued to the petitioners and thereafter also verify as to whether the required goods in question had been supplied or not. In the event, it is found that the supply orders were issued and the goods were supplied, the Superintendent of Police (City), Guwahati shall pass appropriate orders and take necessary steps for payment of the due amount to the petitioners. 9. In the event, it is found that the petitioners are not entitled, the petitioners shall be duly informed about the same by stating reason thereto. It is also provided that while verifying the claim of the petitioners, the Superintendent of Police (City), Guwahati shall serve with a notice to the petitioners requiring them to appear before the Superintendent of Police (City), Guwahati so as to enable the petitioners to state their case and also to produce the relevant materials that the petitioners may have in favour of their case. The aforesaid exercise shall be completed within a period of 2 (two) months from the date of receipt of a certified copy of this order. Copy of this order be provided to Mr. S.P. Choudhury, learned counsel for onward transmission to the Superintendent of Police (City), Guwahati. Writ petition is accordingly disposed of.