GUWAHATI, India, Nov. 24 -- Gauhati High Court issued the following order on Oct. 24:
1. The instant writ petition is filed by the petitioners challenging the non-payment of the admitted amount of Rs.26,55,000/- to the petitioner for the completion of work order issued to the petitioner on 24.12.2024 to carry out Outreach Activities vix., Roadshow Van with LED Display in different district of Assam under NFSM 2020-21 by the Respondent Authorities.
2. The case of the petitioners herein is that the petitioner No.1 is a private limited company registered under the Companies Act, 2013 and successfully had undertaken various works under the Directorate of Agriculture, Government of Assam. On 24.12.2020, the Director, Directorate of Agriculture, Government of Assam issued a work order dated 24.12.2024 in favour of the petitioner No.1 company for carrying out Outreach Activities viz., Roadshow Van with LED Display in different districts of Assam under NFSM 2020-21. The petitioner No.1 successfully completed the works within the stipulated time to the satisfaction of the Respondent Authorities. Thereafter, work competition certificates were issued in favour of the petitioner No.1 company and the Respondent Authorities have duly returned the performance security furnished by the petitioners. It is the case of the petitioners that out of the total amount of Rs. 50,44,500/- due to the petitioners, only an amount of Rs. 23,89,500/- was paid. It is further stated that despite repeated approaches, the Respondent Authorities have not taken any steps for the payment of the outstanding admitted amount of Rs.26,55,000/- to the petitioner. Hence the writ petition.
3. The learned counsel appearing on behalf of the petitioners submitted that the petitioners have been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.26,55,000/- due to the petitioners for which the petitioners are facing hardships. 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 petitioners. Hence, the petitioners have approached this Court by filing the instant writ petition.
4. Ms. G. Borah, the learned counsel appearing on behalf of the respondent Authorities has placed before this Court the para-wise comments which is kept on record and marked with the letter "Y". Paragraph No.4 of the said para-wise comments being relevant is reproduced herein under:-
"PARA 4: Pursuant of the Departmental Bid Committee's decision, work order for outreach activities of the Agriculture Directorate, Assam were issued to M/s Insight Brandcom Pvt Ltd on 24 th December, 2020, during the financial year 2020-21. Though the firm had completed the work as per work order, only a part bill amounting to Rs 23,89,500.00 had been submitted to the Directorate on the 6 th March, 2021. Accordingly, the same had been released to the petitioner during the same financial year 2020-21. Another bill amounting to Rs.26,55,000.00 was submitted to this Directorate on 14 th April, 2021, in the next financial year 2021-22. Payment to this bill invoice could not be made as there was no budget at that time of the financial year. Further in the following three years 2022-23, 2023-24 and 2024-25, payment to the petitioner could have been made due to non-receipt of fund in the specific head from where the payment could have been made. The Directorate of Agriculture, Assam has accepted the balance amount as liability and is now actively considering to release the payment on or before 31 st December, 2025, subject to the approval from the Government."
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqMaNlW%2F7dr4KJDOA5qYU2UWAQdM5mfa%2FTQAW%2BDOOR%2Bqj&caseno=WP(C)/4641/2024&cCode=1&cino=GAHC010176742024&state_code=6&appFlag=)
Disclaimer: Curated by HT Syndication.
