Disposed¶32

Sajeda Khatun v. the State of Assam and 3 Ors.

Gauhati HC9 Mar 2025WP(C)/5608/2017

Case brief

AI extract

What is this about?

Payment of long-pending government dues to the legal heir of a deceased contractor; supply of furnitures and furnishing materials for the Circuit House at Hatsingimari, South Salmara-Mankachar, Assam, ordered on 28.02.2001; supplier died 06.04.2023 unpaid; Gauhati High Court (Kardak Ete, J.) disposed of the writ petition on 10.03.2025, directing verification of the claim of Rs.2,22,573/- and payment of the admitted amount within four months of certified copy; keywords: recovery of dues by widow, mandamus for payment, verification of claim, WP(C)/5608/2017.

What did the court decide?

Writ petition disposed of with a direction to the respondent authorities to verify the petitioner's claim for Rs.2,22,573/- and, if found admitted, to pay the admitted amount within four months from receipt of a certified copy of the order. ¶32

Sajeda Khatun Vs the State of Assam and 3 Ors. — Gauhati HC (2025) — LawSathi Research

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GAHC010201352017

2025:GAU-AS:2504

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

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Case No. : WP(C)/5608/2017

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SAJEDA KHATUN

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W/LEGAL HEIR OF LATE SHAH NOWROZE, R/O- VILL- MIAH PARA, P.O AND P.S- MANKACHAR, PIN- 783131, DIST- SOUTH SALMARAMANKACHAR, ASSAM

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VERSUS

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THE STATE OF ASSAM and 3 ORS.

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REP. BY THE SECRETARY TO GOVERNMENT OF ASSAM, CENTRAL ADMINISTRATIONB DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM

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2:THE DEPUTY SECRETARY TO THE GOVT OF ASSAM CENTRAL ADMINISTRATIONB DEPARTMENT DISPUR GUWAHATI-6

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3:THE DEPUTY COMMISSIONER SOUTH SALMARA-MANKACHAR P.O- HATSINGIMARI ASSA M

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Advocate for the Petitioner : MR.A R AGARWALA,

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Advocate for the Respondent : GA, ASSAM, MR. A K PHUKAN, SC, GAD

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BEFORE

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HON’BLE MR. JUSTICE KARDAK ETE

O R D E R

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Date : 10.03.2025.

Heard Mr. A.R. Agarwala, learned counsel for the petitioner. Also heard Mr. A. Phukan, learned standing counsel for the General Administration Department, Government of Assam for the respondent Nos.1 & 2 and Mr. G. Bokolial, learned State Counsel appearing for the respondent No.3.

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Aggrieved by the non-payment of an outstanding amount of Rs.2,22,573/(Rupees Two Lacs Twenty Two Thousand Five hundred Seventy Three) only, due to the petitioner’s husband for supply of furniture and furnishing materials, for the Circuit House at Hatsingimari in South Salmara Mankachar District, Assam, present petition is filed for a direction to the respondent authorities to release the said amount to the petitioner.

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The case of the petitioner, in brief, is that the husband of the petitioner was a registered contractor/supplier who deals in supply of materials in different Government Departments. The then Sub-Divisional Officer (Civil), South Salmara Mankachar Sub-Division, vide order dated 28.02.2001, directed the petitioner's husband to supply furnitures and furnishing materials for the Circuit House at Hatsingimari in South Salmara Mankachar District. Accordingly, the husband of the petitioner supplied the said furnitures and furnishing materials. Thereafter, a bill amounting to Rs.2,22,573/-(Rupees Two Lacs Twenty Two Thousand Five hundred Seventy Three) only was submitted. However, the same has not been paid.

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Unfortunately, the husband of the petitioner died on 06.04.2023, before the payment of the said amount to him by the respondent authorities. The

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petitioner being the legally wedded wife, approached the respondent authorities on many occasions for payment of the said outstanding amount. However, the same has not been paid as on date.

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Mr. A.R. Agarwala, learned counsel for the petitioner submits that since the petitioner’s husband has supplied the furnitures and furnishing materials, as ordered by the then Sub-Divisional Officer (Civil), South Salmara Mankachar Sub-Division, the petitioner is entitled to receive the outstanding amount for the supply of the said materials. Therefore, he prays that the respondent authorities may be directed to pay the same to the petitioner.

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This Court, on 24.04.2024 has granted the learned State Counsel to obtain instruction. Today, the learned State Counsel submits that they may be provided further time to obtain instruction, to which this Court is not inclined, as the petitioner is suffering due to non-payment of the said amount, since many years, whose husband had supplied the materials and died before the payment is made.

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Having considered the submissions of learned counsel for the petitioner and the materials annexed to the writ petition, I deem it appropriate to dispose of this writ petition, with a direction to the respondent authorities to verify the claim of the petitioner and if found admitted, the admitted amount shall be paid to the petitioner.

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Accordingly, the writ petition stands disposed of with a direction to the respondent authorities to verify the claim of the petitioner and if found admitted, the claim of the petitioner for an amount of Rs.2,22,573/-(Rupees

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Two Lacs Twenty Two Thousand Five hundred Seventy Three) only, shall be paid within a period of four (4) months, from the date of receipt of a certified copy of this order.

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Writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Sajeda Khatun v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Sajeda Khatun v. the State of Assam and 3 Ors.

Case brief

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What did the court decide?

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What the court decided

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