Research › Search › Judgment

Gauhati High Court · body

2025 DIGILAW 1528 (GAU)

Karisma Enterprise v. State of Assam

2025-09-08

DEVASHIS BARUAH

body2025
JUDGMENT : DEVASHIS BARUAH, J. 1. Heard Dr. A. Todi, the learned counsel appearing on behalf of the petitioners. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the District Commissioner, Nalbari; Ms. N. Borah, the learned counsel appears on behalf of the P&RD Department; Mr. B. Gogoi, the learned counsel appears on behalf of the Finance Department and Mr. R. Dubey, the learned counsel appears on behalf of the State Election Commission of Assam. 2. All the writ petitions are taken up together for disposal by this Common judgment and order taking into account the similarity of facts and issues involved. The petitioners in the present batch of writ petitions claim that they have supplied polling materials, stationery to the Respondent Authorities/carried out construction during the Panchayat Election held in the year 2018. The petitioners claim that some amounts have been paid and remaining amounts are yet to be paid. The petitioners have represented before the authorities concerned for payment of the remaining amounts which were not considered, and as such, the present batch of writ petitions. WP(C) No.306/2024 3. The petitioner in the instant writ petition claims an amount of Rs.2,18,000/- remained unpaid towards supply of stationery to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.227/2024 4. The petitioner in the instant writ petition claims an amount of Rs.12,28,445/- remained unpaid towards supply of stationery to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.307/2024 5. The petitioner in the instant writ petition claims an amount of Rs.1,66,000/- remained unpaid towards supply of stationery to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.423/2024 6. The petitioner in the instant writ petition claims an amount of Rs.2,99,462/- remained unpaid towards supply of stationery to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.424/2024 7. The petitioner in the instant writ petition claims an amount of Rs.5,75,339/- remained unpaid towards supply of stationery to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.465/2024 8. The petitioner in the instant writ petition claims an amount of Rs.15,68,017/- remained unpaid towards supply of stationery and printing materials to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.467/2024 9. WP(C) No.465/2024 8. The petitioner in the instant writ petition claims an amount of Rs.15,68,017/- remained unpaid towards supply of stationery and printing materials to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.467/2024 9. The petitioner in the instant writ petition claims an amount of Rs.36,54,838/- remained unpaid towards supply of stationery to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.480/2024 10. The petitioner in the instant writ petition claims an amount of Rs.4,61,995/- remained unpaid towards supply of stationery to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.696/2024 11. The petitioner in the instant writ petition claims an amount of Rs.13,87,827/- remained unpaid towards supply of printing materials to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.883/2024 12. The petitioner in the instant writ petition claims an amount of Rs.11,38,737/- remained unpaid towards supply of printing materials to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.1441/2024 13. The petitioner in the instant writ petition claims an amount of Rs.3,82,934/- remained unpaid towards supply of stationery to the Respondent Authorities during the Panchayat Election held in the year 2018. WP(C) No.1102/2024 14. The instant writ petition was filed by the petitioner being aggrieved due to non-payment of the admitted bill amount of Rs.11,72,200/- by the Respondent Authorities for the construction of temporary roofing Shed/Counter preparation of existing indoor hall for accommodation as office etc. (Office Club) during the Panchayat Election held in the year 2018. 15. During the course of the hearing, upon directions passed by this Court, the records were duly produced by Mrs. U. Das, the learned Additional Senior Government Advocate. The records show that on account of the Panchayat Election held in the year 2018, the Deputy Commissioner, Nalbari (now the District Commissioner, Nalbari) along with the officials involved in manning the Panchayat elections of the year 2018, issued various work orders to the petitioners herein. The materials on record further show that prior to issuance of the work orders, the Office of the Deputy Commissioner, Nalbari had called for quotation from various suppliers and on the basis of that, the Comparative Statement was prepared as would be seen from the affidavit filed by the District Commissioner, Nalbari dated 14.08.2025. The materials on record further show that prior to issuance of the work orders, the Office of the Deputy Commissioner, Nalbari had called for quotation from various suppliers and on the basis of that, the Comparative Statement was prepared as would be seen from the affidavit filed by the District Commissioner, Nalbari dated 14.08.2025. The materials on record further show that upon making the Comparative Statement of all the suppliers, the Office of the Deputy Commissioner had issued various work orders to all the petitioners herein for supply of various stationery items as well as printing of ballot papers. The petitioners in all the writ petitions claim that they have duly supplied the said stationery items/carried out work of printing of ballot papers and certain payments have been received by them. 16. The Joint Commissioner, Panchayat and Rural Development Department had filed an affidavit on 20.06.2025 in WP(C) No.1441/2025 which throws light on the supply/works done by the petitioners. To the said affidavit, a communication issued by the Deputy Commissioner, Nalbari dated 09.09.2022 to the Commissioner, Panchayat and Rural Development Department have been enclosed. A perusal of the said communication shows that the Deputy Commissioner, Nalbari had sought for funds to the tune of Rs.2,21,80,596/- towards pending liabilities in connection with the Panchayat Election 2017-18. The Statement enclosed to the said communication duly shows that the Deputy Commissioner, Nalbari duly admits what amounts are pending liabilities and the details of the claims so made by the petitioners were mentioned. There is also no denial in any form whatsoever that the petitioners in the present batch of writ petitions did not supply the materials or did not carry out the work. 17. Taking into account that the Deputy Commissioner, Nalbari has duly admitted in the communication dated 09.09.2022 that the petitioners in the present batch of writ petitions are entitled to the amounts as stated in the enclosure to the said communication and there being no reasons assigned for the delay except administrative reasons, this Court is of the opinion that appropriate writ direction or order is required to be passed. 18. 18. It is also the opinion of this Court that the non-payment of the dues to the petitioners in the present batch of writ petitions would unfair, unreasonable and arbitrary action on the part of the Respondent Authorities after having received the materials and/or taken benefit of the works undertaken by the petitioners. 19. This Court therefore disposes of the present batch of writ petitions with the following observations and directions:- (i) The respondents herein, more particularly the District Commissioner, Nalbari, the Commissioner of the Panchayat and Rural Development Department of Assam as well as the Commissioner and Secretary to the Government of Assam, Finance Department are directed jointly and severally to take effective steps for release of the amounts due to the petitioners which have been duly admitted by the Deputy Commissioner, Nalbari in his communication dated 09.09.2022, and more particularly, the Statement enclosed as Annexure-A to the said communication wherein there are reference of the dues in respect to the petitioners of the present proceedings. (ii) This Court further directs that the said payment be made to the petitioners within a period of 6 (six) months from the date a certified copy of the instant judgment and order is served upon the District Commissioner, Nalbari. 20. Before parting with the records, this Court however finds it relevant to observe that the respondents have very casually issued work orders to the petitioners in as much as the work orders do not even mention the rates at which the supplies are required to be made. Such actions on the part of the Respondent Authorities at a later stage create difficulties to the persons in whose favour such work orders are issued. The Finance Department of the Government of Assam may consider issuing appropriate instructions in that regard as deemed fit. 21. The records so produced by Mrs. U. Das, the learned Additional Senior Government Advocate are returned.