Allowed

Ane Reniu Multipurpos Cooperative Society Ltd. and Anr. v. The State of Ap and 6 Others

Gauhati HC8 Dec 2021WP(C)/135/2021

Case brief

AI extract

What is this about?

This writ petition concerned non-payment of bills for food supply to a government hostel. The court disposed of the matter after the respondent counsel admitted the bills, directing payment in two equal installments over the current and next financial years.

What did the court decide?

Directing respondents to clear liabilities of Rs. 30 lakhs in two equal instalments, one in 2021-22 and the other in 2022-23.

Ane Reniu Multipurpos Cooperative Society… — Contract and Commercial Disputes | Gauhati HC (2021)

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GAHC040004532021

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : WP(C) 135/2021

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1:Ane Reniu Multipurpos Cooperative Society Ltd and Anr. REPRESENTED BY SMTI TAKAM YABANG, W/O SHRI TAKAM SONIA, RESIDENT OF VILLAGE SANGRAM DOKIO LANGPO, PO/PS PALIN DISTRICT KRA DAADI, AP.

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2: SMTI TAKAM YABANG W/O SHRI TAKAM SONIA RESIDENT OF VILLAGE SANGRAM DOKIO LANGPO PO/PS PALIN DISTRICT KRA DAADI AP

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VERSUS

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1:The State of AP and 6 Others

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REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF AP, AP CIVIL SECRETARIAT, ITANAGAR.

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2:THE COMMISSIONER EDUCATION GOVT. OF AP A.P CIVIL SECRETARIAT PO/PS ITANAGAR DISTRICT PAPUM PARE AP.

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3:THE COMMISSIONER FINANCE GOVT. OF AP DISTRICT PAPUM PARE ITANAGAR A P.

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4:THE SECRETARY PLANNING GOVT. OF AP DISTRICT PAPUM PARE

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ITANAGAR AP.

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5:THE STATE PROJECT DIRECTOR (SPD) SAMAGRA SHIKSHA/ISSE AP ITANAGAR DIST. PAPUM PARE AP.

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6:THE DEPUTY COMMISSIONER-CUM-DPD SAMAGRA SHIKSHA/ISSE KRA DAADI DISTRICT PO/PS PALIN AP.

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7:THE DDSE-CUM-DPO SAMAGRA SHIKSHA DISTRICT SOCIETY KRA DAADI DISTRICT PO/PS PALIN AP

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Advocate for the Petitioner : Gimi Tarak

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Advocate for the Respondent : Tagum Jamoh

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BEFORE

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HONBLE MR. JUSTICE S.K.MEDHI

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ORDER

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Date : 08-12-2021

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Heard Mr. G. Tarak, learned counsel for the petitioners. Also heard Mr. T. Jamoh, learned Standing counsel, Education Department.

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In view of the written instructions received by the learned Standing counsel, Education Department and as agreed to by the parties, this writ petition is taken up for disposal at the admission stage.

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The petitioner is aggrieved by non-payment of his bill for supply of food and other items to Educationally Backward Block (EBB) for the 100 bedded girls hostel, Government Higher Secondary School, Palin, which was allotted vide order dated 17.02.2016 issued by the Deputy Commissioner-cum-DMD for the years 2016-17 and 2017-18. It is the case of the petitioner that an amount of Rs. 30.04 lakh was earmarked for the same purpose and even thereafter, the payment have not been made. Accordingly, the present writ petition has been filed.

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Shri T. Jamoh, learned Standing counsel, Education Department has however, submitted that as per the written instructions dated 29.11.2021, the bills as claimed by the petitioner in the present writ petition are admitted. Accordingly, there a direction from the State Project Director, Samagraa Shiksha/ISSE to the Department to clear the liabilities of Rs. 30 lakhs to the petitioner in two equal instalments. The first of which has to be cleared this year and the second in the coming financial year 2022-23.

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Shri G. Tarak, learned counsel for the petitioner submits that he is agreeable even if the amount in question is given in two instalments as he is suffering grave difficulty.

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In view of the aforesaid broad consensus arrived at in the Bar, the present writ petition is disposed of by directing the respondents to clear their liabilities of the petitioners in two equal instalments. As stipulated in the instructions dated 29.11.2021, the first instalment has to be given during this financial year i.e. 2021-2022 and second instalment in the next financial year i.e. 2022-23.

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Be that as it may, the respondent shall make all necessary endeavours to make the payments as expeditiously as possible.

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Copy of the written instruction dated 29.11.2021 is made part of the record.

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JUDGE

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Comparing Assistant

Ane Reniu Multipurpos Cooperative Society Ltd. and Anr. v. The State of Ap and 6 Others

Case brief

What is this about?

What did the court decide?

Ane Reniu Multipurpos Cooperative Society Ltd. and Anr. v. The State of Ap and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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