Petitioner sought payment for supplies executed for government elections and NRC. Respondent admitted dues of Rs. 7,34,007/- and identified responsible departments. Court directed authorities to verify and pay within six months.
Payment of Rs. 7,34,007/- to be made by concerned authorities within six months after due verification.
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GAHC010125072023
2025:GAU-AS:7928
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3379/2023
DILIP KR BORAH S/O- LATE MADHAB CH. BORAH, R/O- S.S ROAD, TILEPARA, GOALPARA, PIN-783101, DIST- GOALPARA, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, GAD, DISPUR, GUWAHATI-06, KAMRUP METRO, ASSAM
2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 KAMRUP (M) ASSAM 3:THE STATE ELECTION COMMISSION ASSAM REP. BY ITS COMMISSIONER ADITYA TOWER 2ND FLOOR OPPOSITE DOWNTOWN HOSPITAL G.S ROAD DISPUR GUWAHATI-06 KAMRUP(M) ASSAM
4:THE DEPUTY COMMISSIONER
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GOALPARA PIN-783101 DIST- GOALPARA ASSAM 5:THE ADDL. DEPUTY COMMISSIONER GOALPARA PIN-783101 ASSA
Advocate for the Petitioner : MR. P HAZARIKA, P. BORAH
Advocate for the Respondent : GA, ASSAM, SC, S E C,SC, FINANCE
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER
16.06.2025
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representation lastly, on 14.12.2022, however, too of no avail. Accordingly, the present writ petition is filed.
The Deponent further begs to state that with regard to the liabilities including the liabilities of the Petitioner concerned of this instant writ petition, it is to be stated that the bills and vouchers against liabilities of Panchayat Election, 2012-13 were submitted to the Panchayat and Rural Development Department, Govt. of Assam vide Letter of the office of the Deponent being No.GDP.4/2011/154 dated 17-02-2015. Thereafter, again the photocopies of Bills and Vouchers were submitted to the Panchayat and Rural Development Department, Govt. of Assam vide Letter of the office of the Deponent being No.GDP.02/2017/129 dated 06-06-2022. Thereafter, the Panchayat and Rural Development Department, Govt. of Assam vide Letter dated 21/09/2024 and 05/11/2024 asked the office of the Deponent to furnish all the Bills/Vouchers and other relevant documents related to pending liabilities of Panchayat Election, 2001, 2008, 2012-13 and 2017-18 after certify/ validate the Bills/Vouchers by the concerned head of the office. Accordingly, the detail liabilities of Panchayat Elections of 201213 and 2017-18 have been communicated to the Commissioner,
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Panchayat and Rural Development Department, Assam vide Letter No. GDP-2/2017/190 dated 20-12-2024 .
With regard to clearing liabilities including the liabilities of the Petitioner for holding Rabha Hasong Autonomous Council Election, 201213 , the Deponent humbly begs to state that fund demands has already been communicated to WPT & B.C. Department, Govt. of Assam, vide Letter of the office of the TAR Deponent being No.GDP.08/2013/85 dated 16-12-2015 .
The Deponent also begs to state that with regard to clearing liabilities including the liabilities of the Petitioner concerned of this instant writ petition for NRC works, it is to be stated that communication was made to the Home and Political Development, Govt. of Assam and State Coordinator, NRC, Assam vide Letter of the office of the Deponent being No.NRC 33/NRC/2013/355 dated 11-07-2023 .
With regard to payment of outstanding bills for printing works of Schedule Forms, Jamawashil and Demand Notice, the Deponent humbly begs to state that communication was made to the Director of Land Records and Survey, Rupnagar, Assam vide Letter of the office of the Deponent being No.GRT.3/2009/80 dated 30-08-2014.
The Deponent as such further humbly begs to state that as soon as the funds received from the Government of Assam, the necessary measures will be taken to clear the outstanding dues of the petitioner by the office of the Deponent.
( Emphasis supplied by this Court )
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unambiguous term admitted the outstanding due to be Rs. 7,34,007/-. From the aforesaid, it is also clear that the certain amount already spent by the District Commissioner and which is due to the petitioner is to be paid by the Government in the Panchayat & Rural Development Department, more particularly, for conduct of Panchayat Election 2012-13. So far relating to the supplies made/work executed in connection with holding Rabha Hasong Autonomous Council Election 2012-13, the fund is to be released by the WPT& BC Department, Government of Assam. So far relating to the work executed for NRC updation, it is the State Coordination, NRC, Assam and Home & Political Department is to release the aforesaid amount. So far relating to printing works, the funds are to be released by Director of Land Records and Survey, Rupnagar, Assam.
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JUDGE
Comparing Assistant
1 issue framed by the court
Whether the state authorities are liable to pay the admitted outstanding dues to the petitioner for works executed for Panchayat Election, Rabha Hasong Autonomous Council Election, NRC updation, and p
Dilip Kr Borah
State of Assam and 4 Ors
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
