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2025 DIGILAW 2039 (GAU)

Assam Cloth Stores, Represented By Its Sole Proprietor, Abdus Salam, S/o Abdur Rahman v. State of Assam Represented By The Director of Elementary Education

2025-12-10

DEVASHIS BARUAH

body2025
JUDGMENT : DEVASHIS BARUAH, J. 1.Heard Mr. R. Sharma, the learned counsel appearing on behalf of the petitioner. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the respondent respondents. 2. The instant writ petition is filed by the petitioner challenging the non-payment of the outstanding bill amount of Rs.1,93,200/- for supply of 322 pairs of school uniforms to the petitioners by the Respondent Authorities. 3. The case of the petitioner herein is that the petitioner No.1 is a proprietorship firm and the petitioner No.2 is the representative of the petitioner No.1. The petitioners herein are aggrieved by the non-payment of the dues amounting to Rs.1,93,200/- for supply of 322 pairs of school uniforms to the respondent Nos.4 & 5 in pursuance to a supply order dated 26.03.2023 issued by the respondent No.2. The petitioner, inspite of representing the respondents on various occasions, the said amount having not been paid, has approached this Court by filing the present writ petition. 4. The learned counsel appearing on behalf of the petitioner submitted that the petitioners have been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.1,93,200/- due to the petitioners for which the petitioners are facing hardship. The learned counsel for the petitioners further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioners. 5. Mr. B. Gogoi, the learned Additional Advocate general, Assam has placed before this Court a communication dated 09.12.2025 issued by the Executive Director, Samagra Shiksha Azom. Taking into account the relevance, the contents of the said communication dated 09.12.2025 is reproduced herein under:- 6. Upon perusal of the materials on record more particularly the contents of the above quoted communication, it would show that the Respondents therefore admit that the petitioners are entitled to the amount of Rs.1,93,200/-. 7. Accordingly, the writ petition is disposed of with the following observations and directions:- (i) The petitioners are entitled to the amount of Rs.1,93,200/- as admitted by the Respondents. 7. Accordingly, the writ petition is disposed of with the following observations and directions:- (i) The petitioners are entitled to the amount of Rs.1,93,200/- as admitted by the Respondents. (ii) The said amount of Rs.1,93,200/- be paid to the petitioners within a period of 45 days from the date a certified copy of the instant order is served upon the respondent No.2, i.e. the Mission Director, Samagra Shiksha Axom, Kahilipara along with the bank details. Upon submission of the said certified copy, the respondent Nos.2 & 3 shall do the needful so that the amount be disbursed to the petitioners within the time mentioned herein above. (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.