Disposed¶47

M/S. Anu Enterprise and Anr. v. the State of Assam and 6 Ors.

Gauhati High Court (Michael Zothankhuma, J.), 06.06.2025 – WP(C)/949/2020

Gauhati HC5 Jun 2025WP(C)/949/2020

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What is this about?

Gauhati High Court; W.P.(C) No. 949/2020; M/s Anu Enterprise; Hanif Faruque; State of Assam; Director General of Police; Superintendent of Police Kamrup; contractual dues; outstanding bills; work orders; payment of pending bills; affidavit-in-opposition; audit verification; FOC; Annexure-X; disposal of writ petition; civil court remedy; Justice Michael Zothankhuma; 2025.

What did the court decide?

Out of the admitted amount of Rs.17,16,075/-, Rs.4,70,535/- had already been paid to the petitioner on 12.01.2022; in respect of the remaining amount of Rs.12,45,540/-, Rs.12,15,931/- was sanctioned after audit verification and the same amount had already been disbursed to the petitioner. ¶42

M/S. Anu Enterprise and Anr. Vs the State of Assam and 6 Ors. — Gauhati HC (2025) — LawSathi Research

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GAHC010029762020

2025:GAU-AS:7411

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

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Case No. : WP(C)/949/2020

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M/S. ANU ENTERPRISE AND ANR.

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REP. BY ONE OF ITS PARTNERS, HANIF FARUQUE, HAVING ITS PRINCIPAL PLACE OF BUSINESS AT GANDHIBASTI, P.S.- CHANDMARI, GHY.-03, DIST. KAMRUP(M), ASSAM.

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2: HANIF FARUQUE S/O- MD. FIZNUR ALI PRESENT R/O- GAURIPUR CHANGCHARI DIST.- KAMRUP (R) DIST.- KAMRUP(R) P.S.- NORTH GUWAHATI PIN- 781101 ASSAM. PERMANENT R/O- DUMNI CHOWK DARRANG P.O.- MARUA CHOWK P.S. SIPAJHAR DIST.- DARRANG PIN- 784145 ASSAM

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VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPTT, ASSAM SACHIVALAYA, DISPUR, GHY.-06.

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2:DIRECTOR GENERAL OF POLICE (ADMN.) ASSAM POLICE HEADQUARTER ULUBARI GHY. DIST.- KAMRUP(M) ASSAM PIN- 781007.

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3:THE ADDL. DIRECTOR GENERAL OF POLICE (ADMINISTRATION) ASSAM POLICE HEADQUARTER ULUBARI GHY. DIST.- KAMRUP(M) ASSAM PIN- 781007.

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4:THE SUPDT. OF POLICE KAMRUP AMINGAON ASSAM PIN- 781031.

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5:THE PRINCIPAL SECY. TO THE GOVT. OF ASSAM DEPTT. OF FINANCE ASSAM SACHIVALAYA DISPUR GHY.-06.

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6:THE FINANCE COMMISSIONER FINANCE DEPTT. GOVT. OF ASSAM ASSAM SACHIVALAYA DISPUR GHY.-06

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Advocate for the Petitioner : MR. JYOTIRMOY ROY, MR H M R HOQUE,MR D DAS,MR. S SARMA,MR. C CHAKRAVARTY,MR. R HAZARIKA

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

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 06.06.2025

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Heard Mr. J. Roy, learned Senior counsel for the petitioners. Also heard Mr. M. Chetia, learned counsel for the respondent Nos. 1 to 5 and Mr. A. Chaliha, learned counsel for the respondent Nos. 6 & 7.

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2. The petitioner by way of this writ petition has prayed for a direction to be issued to the respondents to pay Rs.29,56,650/-, towards the contractual dues for having executed various works, which are as follows:-

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SL. No.	Details of Work Orders issued bythe respondent No. 4	Date of submission of Bill	Outstanding Amount of Bills (In Rs.)
1	KP(R)/Q/31(A)/G/N- 19/2016/1,2,3,4,5,6,7,8,9,10,11,12,13,14,15,16,17,18,1 9,20 dated 12.04.2016	12.04.2016	7,93,030.00

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2	KP(R)/Q/38(S)/2016/(N)- 31)/1,2,3,4,5,6,7,8,9,10,11,12,13,14,15 dated 22.04.2016	22.04.2016	4,55,160.00
3	KP(R)/Q/31(A)/G)/N-22/2016 dated 31.05.2016	31.05.2016	5,97,485.00
4	KP(R)/G/VOL-II/N-80/2016 dated 20.06.2016	20.06.2016	6,18,850.00
5	KP(R)/Q/42/P-IV/N-27/2016 dated 04.10.2016	04.10.2016	2,95,475.00
6	KP(R)/Q/26/VOL-IV/N-8/2016 dated 19.10.2016	19.10.2016	1,96,650.00

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3. Mr. M. Chetia, learned counsel for the respondents submits that in terms of para 13 of the affidavit-in-opposition filed by the respondent No. 4, the admitted liability of the respondents was Rs.17,16,075 and that sanction of an amount of Rs.4,70,535/- had already been accorded and the same had already been paid to the petitioner. As such, there was only the remaining balance of Rs.12,45,540/-, that was payable to the petitioner.

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4. Mr. Chetia has submitted a letter along with its enclosures vide Memo No. S-VI/Kamrup/Misc Bills/2019-20/121 dated 03.06.2025, issued by the Assistant Inspector General of Police (Administration), Assam, Guwahati, addressed to the

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present counsel, which states as follows:-

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“Sub: Status report in connection with W.P.(C) No. 949/2020 M/S Anu Enterprise & Anr.

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-Versus-

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The State of Assam & Ors.

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Ref: Gauhati High Court No. JRGA/MC/2025/5395 dtd. 30-05-2025

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Sir,

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With reference to the subject cited above, I am directed to inform you that, the Superintendent of Police, Kamrup, Amingaon has submitted the actual bills proposals to this Hqrs. amounting to Rs. 17,16,075/- (Rupees Seventeen Lakh, Sixteen Thousand and seventy five) only, out of which an amount of Rs. 4,70,535/- had already been paid to the petitioner vide FOC No. FIN/AKM/POL/004/2021/10675 dtd. 12-01-2022 (Copy enclosed).

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However, in respect of remaining amount of Rs. 12,45,540/-, after Audit verification an amount of Rs. 12,15,931/- (Rupees Twelve Lakh, Fifteen thousand Nine hundred Thirty One) only was sanctioned and accordingly FOC received from Govt. vide FOC No. FIN/AKM/POL/004/ 2022/11443 dtd.29-07-2022 (Copy enclosed). The aforesaid amount has already been disbursed to the petitioner.

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Therefore, you are requested to apprise the Hon'ble Court accordingly.”

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5. The letter dated 03.06.2025, issued by the Assistant Inspector General of Police (Administration), Assam, Guwahati and its enclosures are made a part of the record and marked as Annexure-X collectively.

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6. A perusal of the above letter shows that out of the admitted amount of Rs.17,16,075/-, an amount of Rs.4,70,535/- had already been paid to the petitioner on 12.01.2022. In respect of the remaining amount of Rs.12,45,540/-, an amount of Rs.12,15,931/- had been sanctioned after audit verification and the same amount had already been disbursed to the petitioner.

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7. In view of the letter dated 03.06.2025 and the averments made in the affidavit filed by the respondent No. 4, this Court finds that the admitted dues

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payable to petitioner has been paid by the respondents.

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8. In the event the petitioner is of the view that the petitioner has not been paid all his dues, the petitioner may approach the learned Civil Court, for redressal of his grievance, if so advised.

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9. The writ petition is accordingly disposed of.

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JUDGE

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M/S. Anu Enterprise and Anr. v. the State of Assam and 6 Ors.

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M/S. Anu Enterprise and Anr. v. the State of Assam and 6 Ors.

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