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2025 DIGILAW 1996 (GAU)

Ajb Merchantile v. State of Assam Represented By The Commissioner And Secretary To The Government of Assam, Agriculture Department

2025-12-08

DEVASHIS BARUAH

body2025
JUDGMENT : Devashis Baruah, J. Heard Mr. B. Haldar, the learned counsel appearing on behalf of the petitioners. Ms. G. Borah, the learned counsel appears on behalf of the Agriculture Department and Mr. S. Chamaria, the learned counsel appears on behalf of the Assam Seeds Corporation Limited. 2. The instant writ petition is filed by the petitioners challenging the non-payment of the contractual bill amount of Rs.93,15,627/- for the supply work awarded to the petitioners vide the work order dated 28.09.2025 issued by the respondent No.4, i.e. the Managing Director, Assam Seeds Corporation Limited. 3. The case of the petitioners herein is that the petitioner No.1 is a proprietorship firm and the petitioner No.2 is the representative of the petitioner No.1. Pursuant to the E-Tender process issued on 05.02.2019 by the respondent No.4, i.e. the Managing Director, Assam Seeds Corporation, the respondent No.3 issued indent for supply certified Groundnut Seeds under Flood Restoration of Disaster Management, 2021-22. The respondent No.4 thereafter issued supply order dated 28.09.2025 to the petitioners. The petitioners supplied certified Groundnut Seeds to the tune of 2745 quintals to various district as per supply order dated 28.09.2025. The petitioners after completion of the aforesaid supply work had submitted the bills amounting to Rs.2,27,80,755/- and part payment of Rs.1,34,65,128/- was made to the petitioner on 08.04.2022 keeping the balance amount of Rs.93,15,627/-. The petitioners submitted representation before the respondent No.4 on 27.03.2025 demanding remaining amount of Rs.93,15,627/-. However, the Respondent Authorities have not yet paid the outstanding admitted bill amount to the petitioners. Hence the writ petition. 4. The learned counsel appearing on behalf of the petitioners submitted that similarly situated contractors out of the same E-Procurement Notice dated 05.09.2019 had approached this Court by filing a batch of writ petitions being WP(C) No.3903/2023; WP(C) No.3882/2023 and WP(C) No.455/2025 which were disposed of vide the order dated 25.03.2025 directing the Respondent Authorities to clear the outstanding contractual dues of the petitioner in the said batch of writ petitions. 5. Ms. G. Borah, the learned Standing Counsel appearing on behalf of the Agriculture Department has placed an instruction before this Court which is kept on record and marked with the letter “X”. The contents of the said instruction is reproduced herein below:- GOVERNMENT OF ASSAM DIRECTOR OF AGRICULTURE, ASSAM Email:agri-dept@nic, in Tel:03612801100 NO. E-726032/ DFA-1506390 To : Sri Bikram Choudhury, Standing Counsel, Agriculture Department E mail Id:-cbikram70@gmail.com Sub. The contents of the said instruction is reproduced herein below:- GOVERNMENT OF ASSAM DIRECTOR OF AGRICULTURE, ASSAM Email:agri-dept@nic, in Tel:03612801100 NO. E-726032/ DFA-1506390 To : Sri Bikram Choudhury, Standing Counsel, Agriculture Department E mail Id:-cbikram70@gmail.com Sub. : WP(C) No. 5420/2025 (M/S AJB Mercantile & Anr -VS- State of Assam and ors.) Ref. : Hon'ble Gauhati Court Order dtd 17.09.2025 passed in WP(C) No. 5420/2025 (M/S AJB Mercantile & Anr -VS- State of Assam and ors.) Sir, With reference to the subject cited above, it is submitted that the petitioners have claimed an amount of Rs.93,15,627/- (Rupees ninety-three lakh fifteen thousand six hundred twenty-seven) only, as reflected in the Hon'ble Gauhati High Court's Order dated 17.09.2025 passed in WP(C) No.5420/2025 (M/s AJB Mercantile & Anr. vs. State of Assam & Ors.). The same has also been confirmed by ASCL in their para-wise reply submitted on 17.11.2025, along with the fund statement and clarifications placed on record. Based on the fund position and the clarification provided by ASCL, we are of the considered opinion that the said payment is due and may be made accordingly. You are, therefore, requested to kindly take appropriate action and make a suitable submission before the Hon'ble Court. Enclosed: Para wise comment submitted by Managing Director, ASCL Yours faithfully, Digitally signed by Paidipati Uday Praveen Date: 05-12-2025 15:05:24 Director of Agriculture, Government 6. Upon perusal of the materials on record, and more particularly, the instruction quoted herein above, it would be seen that the Respondents therefore admit that the petitioners are entitled to the amount of Rs.93,15,627/-. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioners are entitled to the amount of Rs.93,15,627/- as admitted by the Respondents. ii) The said amount of Rs.93,15,627/- be paid to the petitioners after making such statutory deductions, if so required, within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.3, i.e. the Director of Agriculture, Assam, Khanapara. (iii) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioners shall be set off while making payment to the petitioners.