M/S Pragati Hospital and Research Centre Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

M/S Pragati Hospital and Research Centre Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to re-submit all bills together with all requisite documents to the appropriate authority; the authority to verify the bills expeditiously, inform the petitioner of any deficiency for correction, and take appropriate action as required within 45 days after verification; no costs.

Issue for consideration

Whether the petitioner should be directed to be paid the bills raised for biomedical-waste disposal services rendered in quarantine and treating centres during the Covid-19 period under the MoU dated 27.05.2020, where the bills remained unverified pending submission of supporting records.

Court's answer

The writ petition is disposed of with liberty to the petitioner to re-submit all its bills along with all requisite documents to the appropriate authority, which shall verify them expeditiously and inform the petitioner of any deficiency so that it may correct them.

Ratio / Principle

Upon completion of verification, the respondents shall take appropriate action as required within a period of 45 days thereafter.

Key takeaways

The writ petition stands disposed of without imposition of costs.ratio¶¶27

Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/1986/2024 (M/s Pragati Hospital and Research Centre v. State of Assam & 3 ors.), decided 05-12-2025 by Justice Rajesh Mazumdar. The petitioner sought direction for payment of bills raised for disposal of biomedical waste from quarantine and treating centres during Covid-19 under an MoU dated 27.05.2020. The Government side reported that the bills, still at verification stage, lacked the work order and certified waste-collection quantum despite a letter dated 28.12.2023 seeking supporting records. With counsel's consent, the petition was disposed of: the petitioner may re-submit its bills with all requisite documents; the authority will verify them, notify deficiencies for correction, and take appropriate action within 45 days after verification. No costs.

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GAHC010068482024

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

Case No. : WP(C)/1986/2024

M/S PRAGATI HOSPITAL AND RESEARCH CENTRE

REPRESENTED BY ITS SUPERINTENDENT SRI DHRUBAJYOTI SAIKIA, S/OLATE PADMADHAR SAIKIA, ADDRESS- NH-37 BYPASS, JENGANIKATIA SIVASAGAR, DIST. SIVASAGAR, PIN- 785640.

VERSUS

THE STATE OF ASSAM AND 3 ORS

REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, GOVT. OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN781006.

2:THE ASSAM STATE DISASTER MANAGEMENT AUTHORITY REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER ANCILLARY BLOCK JANATA BHAWAN DISPUR GUWAHATI ASSAM PIN- 781006.

3:THE DISTRICT DISASTER MANAGEMENT AUTHORITY SIVASAGAR REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER ASSAM PIN- 785640.

4:THE DISTRICT COMMISSIONER SIVASAGAR ASSAM PIN- 785640

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Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY

Advocate for the Respondent : GA, ASSAM, SC, REVENUE

BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

Date : 05-12-2025

Heard Mr. S. Borthakur, learned counsel for the petitioner and also heard Mr. K. Gogoi, learned Addl. Sr. Government Advocate appearing for all respondents.

This matter relates to prayer for direction for payment of the bills raised by the petitioner for services provided as per the MoU dated 27.05.2020 entered into for disposal of biomedical waste generated in the quarantines centres and treating centres during Covid-19 period.

Mr. K. Gogoi, learned Addl. Sr. Government Advocate has produced the instruction addressed to him by the Addl. District Commissioner, Sivasagar, which indicates that during the verification of the bills of the petitioner it was found that the petitioner has not submitted the work order and the quantum of collection of biomedical waste certified by the authorized persons at the collection points. In this connection, letter were sent to the writ petitioner vide No. SVRR/COVID-19/29/2020/50 dated 28.12.2023 to submit the supporting records against the amount claimed. It is reflected in the instruction that the writ petitioner has not submitted the aforesaid records to the authority till date. The bills are now in verification stage and can be cleared post verification subject to fulfillment of the aforesaid documents and other financial guidelines.

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Face with this situation, the learned counsel for the petitioner has fairly submitted that this writ petition may be disposed of giving the liberty to the petitioner to submit all requisite documents along with his bills again to the appropriate authority.

Mr. K. Gogoi, learned Addl. Sr. Government Advocate does have objection to such prayer.

Accordingly, this writ petition is disposed of by giving liberty to the petitioner to re-submit all his bills along with all the requisite documents to the appropriate authority, who on receipt of the bills shall expeditiously verified and shall inform the petitioner the deficiency, if any, so that the petitioner may correct them. Upon verification, the respondents shall thereafter take appropriate action as required within a period of 45 days thereafter.

Writ petition is disposed. No costs.

The instruction produced by Mr. K. Gogoi, learned Addl. Sr. Government Advocate is kept on record and marked as Annexure-X.

JUDGE

Comparing Assistant