GUWAHATI, India, Aug. 25 -- Gauhati High Court issued the following order on July 25:
1. Heard Mr. A. M. Barbhuiya, the learned counsel appearing on behalf of the petitioner. Mr. S. Dutta, the learned counsel appears on behalf of the P&RD Department and Mr. S. R. Baruah, the learned counsel appears on behalf of the Government of Assam.
2. The petitioner herein has approached this Court by filing the present writ petition being aggrieved by the non-payment of the dues of an amount of Rs.6,24,074/- which the petitioner raised by bills dated 10.05.2018.
3. It is seen that this Court vide an order dated 14.07.2020 had issued notice.
4. Mr. S. R. Baruah, the learned counsel appearing on behalf of the respondents has produced an instruction dated 28.09.2020 issued by the Secretary, Dariaghat Karicherra Gaon Panchayat wherein it has been mentioned that there is no record available that any such supply of materials was made to the said Gaon Panchayat by the petitioner. The said document is kept on record and marked with the letter "X".
5. Taking into account the above, this Court in exercise of the jurisdiction under Article 226 of the Constitution cannot direct the Respondent Authorities to make payment to the petitioner of the amount so claimed in the writ petition as the stand of the respondents is that there is no record available of such supply.
6. Considering the above, this Court is not inclined to issue any writ in the instant proceedings.
7. Be that as it may, this Court grants the liberty to the petitioner to approach the Civil Court of Competent Jurisdiction, if so advised, and the period from 19.06.2020 till date, be excluded while computing the period of limitation.
8. With the above, the instant writ petition stands disposed of.
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