Disposed

Biocare Associates v. the State of Assam

Gauhati HC8 Feb 2026WP(C)/1594/2025

Case brief

AI extract

What is this about?

Seed suppliers who made supplies under an Assam Seeds Corporation tender sought release of unpaid contractual dues through writ petitions. The respondents did not dispute the dues and undertook processing of bills. The court directed release of specified admitted amounts to each petitioner by 15.03.2026, permitting further verification.

What did the court decide?

Direction to respondents to release admitted dues: Rs.46,88,840 (WP(C) 1594/2025), Rs.18,88,920 (WP(C) 1596/2025), Rs.46,88,840 (WP(C) 1636/2025) on or before 15.03.2026.

Biocare Associates Vs the State of Assam — Public Procurement and Tenders | Gauhati HC (2026)

Page No.# 1/7

GAHC010055812025

2026:GAU-AS:1840

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

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Case No. : WP(C)/1594/2025

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BIOCARE ASSOCIATES

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REP BY ITS PROP SONU KR JAIN, A REGISTERED PROPRIETORSHIP FIRM HAVING ITS OFFICE AT H NO 19, MA ROAD, REHABARI, GUWAHATI, DISTKAMRUP , ASSAM 781008

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2: MR SONU KR. JAIN S/O MISHRA LAL JAIN PROPRIETOR OF M.S BIO CARE ASSOCIATES RESIDENT OF H NO 19 MA ROAD REHABARI GUWAHATI DIST- KAMRUP ASSAM 78100

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VERSUS

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THE STATE OF ASSAM

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REP BY THE COMM AND SECY TO THE GOVT OF ASSAM, AGRICULTURE DEPTT, DISPUR, GUWAHATI- 6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 06

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3:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI 22

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4:THE MANAGING DIRECTOR

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ASSAM SEEDS CORPORATION LIMITED KHANAPARA GUWAHATI 22

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5:THE NODAL OFFICER

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Page No.# 2/7

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(RKVY) RASHTRIYA KRISHI VIKASH YOJANA KHANAPARA GUWAHATI 2

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Advocate for the Petitioner : MR. U S BORA, MR B P BORAH,A KALITA,MISS. J GOGOI

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Advocate for the Respondent : SC. AGRICULTURE, SC, FINANCE,SC. ASSAM SEED CORPN.

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Linked Case : WP(C)/1636/2025

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M/S MAHALAXMI ENTERPRISE AND ANR. REPRESENTED BY ITS PROPRIETOR SURYA SAIKIA A REGISTERED PROPRIETORSHIP FIRM HAVING ITS OFFICE AT HOUSE NO. 2 CHITRABAN PATH KALYANI NAGAR KAHILIPARA GUWAHATI DIST.- KAMRUP(M) ASSAM PIN- 781019. 2: SURYA SAIKIA S/O- ANIL SAIKIA

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PROPRIETOR OF M/S MAHALAXMI ENTERPRISE

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R/O- HOUSE NO. 2 CHITRABAN PATH KALYANI NAGAR KAHILIPARA GUWAHATI DIST.- KAMRUP(M) ASSAM PIN- 781019. VERSUS

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THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM

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Page No.# 3/7

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AGRICULTURE DEPARTMENT DISPUR GUWAHATI-6. 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 3:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI-22. 4:THE MANAGING DIRECTOR ASSAM SEEDS CORPORATION LIMITED KHANAPARA GUWAHATI-22. 5:THE NODAL OFFICER (RKVY) RASHTRIYA KRISHI VIKASH YOJANA KHANAPARA GUWAHATI-22. -----------Advocate for : MR B P BORAH Advocate for : SC AGRI. DEPARTMENT appearing for THE STATE OF ASSAM AND 4 ORS.

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Linked Case : WP(C)/1596/2025 LEISURE LANE REPRESENTED BY ITS PROPRIETOR MR. SALEH SIDDIK AHMED A REGISTERD PROPRIETORSHIP FIRM HAVING ITS OFFICE AT GROUND FLOOR NEAR FOREST SCHOOL SATMILE APRO ROAD JALUKBARI GUWAHATI DIST- KAMRUP ASSAM PIN- 781014 2: MR. SALEH SIDDIK AHMED

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Page No.# 4/7

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S/O FAIZUDDIN AHMED

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PROPRIETOR OF MS LEISURE LANE RESIDENT OF GROUND FLOOR NEAR FOREST SCHOOL SATMILE APRO ROAD JALUKBARI GUWAHATI DIST- KAMRUP ASSAM PIN- 781014 VERSUS

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THE STATE OF ASSAM

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REP BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM AGRICULTURE DEPTT DISPUR GHY- 6

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2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI 06

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3:THE DIRECTOR OF AGRICULTURE ASSAM KHANAPARA GUWAHATI 22

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4:THE MANAGING DIRECTOR

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ASSAM SEEDS CORPORATION LIMITED KHANAPARA GUWAHATI 22

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5:THE NODAL OFFICER

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(RKVY) RASHTRIYA KRISHI VIKASH YOJANA KHANAPARA GUWAHATI 22

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-----------Advocate for : MR H MAZUMDER Advocate for : SC. AGRICULTURE appearing for THE STATE OF ASSAM

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Page No.# 5/7

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BEFORE

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HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

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ORDER

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09/02/2026

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Heard Mr. B P Borah, learned counsel for the petitioners. Also heard Ms. G Bora, learned Standing counsel, Agriculture Department for the respondent Nos. 1, 3 & 5; Mr. A Chaliha, learned Standing counsel, Finance Department for the respondent No. 2 and Mr. A N Sarmah, learned Standing counsel, Assam Seeds Corporation Limited for the respondent No. 4.

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2. As consented to by the learned counsels for the parties, the present writ petitions are taken up for final consideration and are being disposed of by this common order.

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3. The petitioners, in the above noted writ petitions, have prayed for a direction upon the respondent authorities for release of the admitted contractual dues receivable by them in pursuance to the supplies effected to the respondent No. 4 Corporation in pursuance to a due tendering process.

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4. The petitioners, in the above noted writ petitions, being eligible had submitted their respective bids in pursuance to a tender, bearing No. ASC/MKT/Retender/2018-19/201920/3898 dated 05.02.2019 issued by the Managing Director, Assam Seeds Corporation Limited against various groups. The bids submitted by the petitioners in the above noted writ petitions, being found to be suitable, they were issued with supply orders of the commodities for which they had submitted their respective bills.

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5. The petitioners made the supplies involved and thereafter, submitted their respective bills for payment before the Managing Director, Assam Seeds Corporation Limited, i.e., the respondent No. 4, herein.

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6. It is projected in the writ petitions that the supplies made by the petitioners were found to confer with the standards as set out in the tender in question. However, the supplies being successfully completed by the petitioners, the contractual dues receivable by the

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Page No.# 6/7

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petitioners in the above noted writ petitions not being released to them, they have instituted the above noted writ petitions.

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7. Mr. B P Borah, learned counsel for the petitioners, by reiterating the facts noticed hereinabove, has submitted that the fact that the petitioners had duly effected the supplies involved and the materials so supplied being inconformity with the standards as set out in the tender, the respondent authorities could not have held up the payments of the petitioners in the above noted writ petitions. He submits that the amount involved with regard to the supplies made by the petitioners has already been provided by the competent authority for the financial year 2025-2026 and there exists no bar for the respondent authorities to release the said amount to the petitioners.

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8. Ms. G Bora, learned Standing counsel, Agriculture Department has submitted that the amount requisite for the purpose of meeting the pending liabilities in pursuance to the tender in question, has already been allotted and that the dues, receivable by the petitioners in the above noted writ petitions would be permissible to be released to them, after verification process with regard to the supplies effected by them, is done.

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9. Mr. A N Sarmah, learned Standing counsel, Assam Seeds Corporation Limited submits that the supplies made by the petitioners have already been verified and the bills submitted by the petitioners in the above noted writ petitions has been found to have been so submitted in conformity with the supplies made by each of them in the matter and accordingly, the bills of the petitioners are being processed for releasing to them their respective contractual dues. He submits that the respondent authorities are processing the matter for releasing to the petitioners in the above noted writ petitions their contractual dues on or before 15.03.2026.

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10. In view of the above position, the contractual dues, as claimed by the petitioners in the above noted writ petitions, not being disputed by the respondent authorities and the same being admitted, this Court is of the considered view that the respondent authorities are required to be directed to clear the admitted dues of the petitioners, at the earliest.

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11. Accordingly, the respondent authorities are directed to release to the petitioner in

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Page No.# 7/7

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WP(C) No. 1594/2025, an amount of Rs.46,88,840/- (Rupees Forty Six Lakhs Eighty Eight Thousand Eight Hundred and Forty; petitioner in WP(C) No. 1596/2025, an amount of Rs.18,88,920/- (Rupees Eighteen Lakhs Eighty Eight Thousand Nine Hundred and Twenty) and the petitioner in WP(C) No. 1636/2025, an amount of Rs.46,88,840/- (Rupees Forty Six Lakhs Eighty Eight Thousand Eight Hundred and Forty), on or before 15.03.2026.

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12. It is further provided that in the event any further verification is required to be so done with regard to the claims made by the petitioners in the above noted writ petitions, the respondent authorities would be at liberty to carry out such verification process. However, the admitted dues, receivable by the petitioners, would be required to be so released on or before 15.03.2026.

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13. With the above observations and directions, the above noted writ petitions stand disposed of.

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JUDGE

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Comparing Assistant

Biocare Associates v. the State of Assam

Case brief

What is this about?

What did the court decide?

Biocare Associates v. the State of Assam

Case brief

What is this about?

What did the court decide?

What the court decided

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