Manoj Kr. Mazumdar and Anr. Vs the State of Assam and 4 Ors.

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GAHC010004372025

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

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Case No. : WP(C)/239/2025

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MANOJ KR. MAZUMDAR AND ANR PROPRIETOR OF M/S MAZUMDAR ENTERPRISE, S/O- DHARMESWAR MAZUMDAR, R/O- COLLEGE ROAD, WARD NO. 7, KOKRAJHAR, P.O.- KOKRAJHAR, DIST.- KOKRAJHAR, BTR, ASSAM, PIN- 783370.

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2: M/S MAZUMDAR ENTERPRISE A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR MANOJ KR. MAZUMDAR ADDRESS- WARD NO. 7 H.NO. 41 P.O.- KOKRAJHAR DIST.- KOKRAJHAR BTR, ASSAM PIN- 783370

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY BODOFA NWGWR KOKRAJHAR (BTR) ASSAM, PIN- 783370.

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3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT

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DISPUR GUWAHATI PIN- 781006.

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4:THE DISTRICT COMMISSIONER KOKRAJHAR BTR ASSAM PIN- 783370. 5:THE ADDL. DISTRICT MAGISTRATE KOKRAJHAR BTR ASSAM PIN- 783370

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Advocate for the Petitioner : MR. B J MUKHERJEE, MS R SAHA

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Advocate for the Respondent : GA, ASSAM, SC, BTC,SC, FINANCE DEPTT.

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BEFORE HON’BLE MR. JUSTICE KARDAK ETE

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O R D E R

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Date : 06.03.2025.

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Heard Mr. B.J. Mukherjee, learned counsel for the petitioners and Mr. S.S. Roy, learned State Counsel for respondent Nos.1, 4 & 5, Mr. A. Chaliha, learned standing counsel for the Finance Department representing the respondent No.3 and Mr. P. Hazarika, learned counsel appearing on behalf of Mr. R.K. Goswami, learned counsel for the respondent No.2.

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Aggrieved by the non-payment of an outstanding amount of Rs. 1,22,95,736/- (Rupees one crore twenty two lakh ninety five thousand seven hundred thirty six) only, for supply of materials and generators on hire basis for

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Counter Insurgency Operations in the Kokrajhar District, due to the petitioners, this writ petition has been instituted for a direction to the respondent authorities for payment of the said amount.

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The petitioner No.1 is a contractor/supplier by profession and carrying out his business under the proprietorship firm, namely, M/S. Mazumdar Enterprise, respondent No.2 herein. It is contended that the Deputy Commissioner, Kokrajhar District awarded work/supply orders from time to time for supply of different materials and also for Generators on hire basis for the Army/BSF/CRPF, etc., camps at different locations within BTR area for the Counter Insurgency Operations, ranging from the year 2017 to 2021.

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Pursuant thereto, the petitioners have supplied the materials and the generators on hire basis, which is not disputed. Thereafter, a bill was prepared separately for supply of materials for an amount of Rs.1,13,50,452/- (Rupees one crore thirteen lakh fifty thousand four hundred fifty two) only and for hiring of Generators for an amount of Rs.9,45,284/- (Rupees nine lakh forty five thousand two hundred eighty four) only, which comes to a total amount of Rs. 1,22,95,736/- (Rupees one crore twenty two lakh ninety five thousand seven hundred thirty six) only.

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The petitioners have repeatedly requested the respondent authorities for payment of the said admitted outstanding bill amount. Thereafter, legal notices were issued on two occasions. However, despite the admission of the outstanding bill amount claimed by the petitioner and after extracting the works from the petitioners, no payment has been made.

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Mr. B.J. Mukherjee, learned counsel for the petitioners submits that since the claimed amount of Rs. 1,22,95,736/- (Rupees one crore twenty two lakh ninety five thousand seven hundred thirty six) only is an undisputed and admitted amount, the non-payment of the same has deprived the petitioners. Therefore, the respondent authorities may be directed to release the aforesaid amount.

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Mr. S.S. Roy, learned State Counsel appearing for the respondent Nos.1, 4 & 5 submits that there is no clear admission on the part of the respondent authorities. It is only by way of reply to the legal notices by the Addl. Deputy Commissioner, Kokrajhar, vide letter dated 09.02.2023, addressed to the learned Advocate of the petitioner stating that the requirement of fund for payment of outstanding liabilities of the contractors/suppliers/owners including the petitioners for supply of materials, hiring of Generators, etc. under Counter Insurgency Operations was submitted to the Government of Assam in the Home and Political Department but no fund has been received. Therefore, he submits that there is no admission as such to the claim of the petitioner by the respondent authorities.

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I have considered the submissions of learned counsel for the parties and the documents annexed to the writ petition.

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This Court on 22.01.2025 and 19.02.2025, directed the respondent authorities to obtain instructions. However, no instruction is placed before this Court when the matter is taken up for consideration today.

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Perusal of the documents, particularly, the letter dated 09.02.2023, issued

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by the Addl. Deputy Commissioner, Kokrajhar to the learned Advocate for the petitioners by way of reply to the legal notices, shows that the requirement of fund for payment of outstanding liabilities of the contractors/suppliers/ owners including the petitioners for supply of materials, hiring of Generators, etc. for Counter Insurgency Operations has submitted to the Government of Assam in the Home and Political Department. However, no fund is stated to has been received.

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The statement by the Addl. Deputy Commissioner, Kokrajhar in the above letter clearly indicates that there is no dispute of supply of materials and hiring of Generators etc. from the petitioners’ for the Counter Insurgency Operations in the District of Kokrajhar. It is only that the fund has not been received from the Government, for which the claim of the petitioners for payment of the outstanding bill is pending. It is also noticed that the fund sought from the Government in the Home and Political Department is way back in the year 2023. Thus, it is incomprehensible that even after the lapse of two (2) years, nothing has been shown to have done for payment of the aforesaid claim amount of the petitioners, that too, when the supply of the materials and hiring of Generators for Counter Insurgency Operations is not disputed, which amounts to clear admission of claim of the petitioners.

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Having considered the above, I am of the considered view that it would be appropriate to dispose of this writ petition with a direction to the respondent authorities to pay the claim amount of the petitioner amounting to Rs. 1,22,95,736/- (Rupees one crore twenty two lakh ninety five thousand seven hundred thirty six) only, after verification.

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Accordingly, it is directed that the respondent authorities shall verify the claim of the petitioners and if found admitted, shall pay the admitted claimed amount to the petitioners within a period of four (4) months, from the date of receipt of a copy of this order.

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The writ petition stands disposed of in terms of the above direction.

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JUDGE

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Manoj Kr. Mazumdar and Anr. v. the State of Assam and 4 Ors.

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