Disposed

Abul Kalam Azad v. the State of Assam and 3 Ors.

Gauhati HC9 Sept 2025WP(C)/4126/2025

Case brief

AI extract

What is this about?

Contractor sought payment of Rs.14,89,500 for cleaning and repairing septic tanks at several police establishments in Darrang district. Respondents admitted the dues but cited non-receipt of financial sanction. Court directed payment within six months, subject to statutory deductions and set-off of interim payments.

What did the court decide?

Payment of admitted Rs.14,89,500/- within six months, after statutory deductions, setting off amounts paid during pendency.

Abul Kalam Azad Vs the State of Assam and 3 Ors. — Service and Employment | Gauhati HC (2025)

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GAHC010159642025

2025:GAU-AS:12341

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

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Case No. : WP(C)/4126/2025

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ABUL KALAM AZAD S/O LATE BAITUTTAH HOQUE R/O WARD NO. 1, MANGALDAI TOWN, P.O.AND P.S. MANGALDAI DIST. DARRANG, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI-781001.

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2:THE DIRECTOR GENERAL OF POLCIE

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ASSAM POLICE HEAD QUARTER ULUBARI GUWAHATI-781005

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3:THE DEPUTY INSPECTOR GENERAL OF POLCIE (CWR)

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ASSAM POLICE HEAD QUARTER ULUBARI GUWHAATI-781005.

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4:THE SUPERINTENDENT OF POLICE

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DARRANG MANGALDAI P.O. MANGALDAI DIST. DARRANG ASSAM

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PIN-78412

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For the petitioner : Mr. D. A. Kayum, Advocate

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For the respondents : Mr. G. Bokalial, Govt. Advocate

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BEFORE

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HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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Date of Hearing : 10.09.2025 Date of Judgment : 10.09.2025

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JUDGMENT AND ORDER (ORAL)

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The instant writ petition is filed by the petitioner challenging the non-payment of the admitted amount of Rs.14,89,500/- by the Respondent Authorities to the petitioner for cleaning and repairing of septic tanks at Dhula P.S., Panbari O.P., Mangaldai P.S., Police Reserve L/S Quarter, Shyampur P.S., Patharighat O.P. and Burha O.P.

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The case of the petitioner herein is that the petitioner had performed his work of cleaning and repairing of septic tanks at Dhula P.S., Panbari O.P., Mangaldai P.S., Police Reserve L/S Quarter, Shyampur P.S., Patharighat O.P. and Burha O.P. and the petitioner is entitled to an amount of Rs.14,89,500/- against the said works. Inspite of the completion of the works to the satisfaction of the Respondent Authorities, the Respondent

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Authorities did not pay the amount to the petitioner for which the petitioner has approached this Court.

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The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter delinquently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.14,89,500/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition.

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Mr. G. Bokalial, the learned Government Advocate has placed before this Court an instruction dated 19.08.2025 which is kept on record and marked with the letter “X”. Paragraph No.3 of the said instruction is reproduced herein under:-

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“(3) Yes as stated by the petitioner Government of Assam, Home Department issued three Administrative Approvals vide No AA/POL_2022-23(I)_1503 dtd 17-01-2023 for cleaning and repairing of septic tank (10 nos) at Mangaldai PS and Reserve Office for an amount of Rs. 4,96,500.00 (Rupees Four lakh Ninety Six thousand Five hundred) only (2) Another Administrative approval vide No.

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AA/POL_2022-23(I)_1504 dtd. 17-01-2023 was received for cleaning and repairing of septic tank (10 Nos.) at Shyampur PS, Patharighat OP, Burha OP for an amount of Rs. 4,96,500.00 (Rupees Four lakh Ninety Six thousand Five hundred) only and (3) Administrative Approval vide No. AA/POL_2022-23(I)_1505 dtd. 17-01-2023 for an amount of Rs. 4,96,500.00 (Rupees Four lakh Ninety Six thousand Five hundred) only was received for clearing and repairing of septic tank (10 Nos.) at Dhula PS and Panbari OP.”

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From a further perusal of the letter kept on record and marked with the letter “X”, it is categorically admitted by the Respondent Authorities that the payment against all the three schemes were not made to the petitioner due to non-receipt of financial sanction.

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Accordingly, the writ petition is disposed of with the following observations and directions:-

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i) The petitioner is entitled to the amount of Rs.14,89,500/- as admitted by the Respondents.

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ii) The said amount of Rs.14,89,500/- be paid to the petitioner after making such statutory deductions, if so required within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.2, i.e. the Director General of Police, Assam, Ulubari, Guwahati.

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(iii) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioner shall be set off while making payment to the petitioner.

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JUDGE

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Comparing Assistant

Abul Kalam Azad v. the State of Assam and 3 Ors.

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Abul Kalam Azad v. the State of Assam and 3 Ors.

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