Gauhati High Court

WP(C)/2073/2024 of BILPAR DHUMKAR YUVA PARISHAD (NGO) Vs THE STATE OF ASSAM AND 4 ORS on 29 September 2026

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GAHC010069032024 2026:GAU-AS:14571 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2073/2024 BILPAR DHUMKAR YUVA PARISHAD (NGO) REPRESENTED BY ITS GENERAL SECRETARY/ AUTHORISED SIGNATORY SRI MOBZZIL HUSSAIN BARBHUIYA, AGE- 39 YEARS, OFFICE

GAHC010069032024

2026:GAU-AS:14571

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/2073/2024

BILPAR DHUMKAR YUVA PARISHAD (NGO)

REPRESENTED BY ITS GENERAL SECRETARY/ AUTHORISED SIGNATORY

SRI MOBZZIL HUSSAIN BARBHUIYA,

AGE- 39 YEARS,

OFFICE ADDRESS- BOTERTOL, MEHERPUR, DIST. CACHAR, ASSAM.

VERSUS

THE STATE OF ASSAM AND 4 ORS

TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE

GOVERNMENT OF ASSAM,

SOCIAL WELFARE DEPARTMENT

(WOMEN AND CHILD DEVELOPMENT),

DISPUR, GUWAHATI-06.

2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF

ASSAM

FINANCE DEPARTMENT

DISPUR

GUWAHATI-06.

3:THE DIRECTOR

SOCIAL WELFARE DEPARTMENT (WOMEN AND CHILD DEVELOPMENT)

GOVERNMENT OF ASSAM

UZAN BAZAR

GUWAHATI-1.

4:THE DISTRICT COMMISSIONER

DIST. CACHAR

SILCHAR

ASSAM.

5:THE DISTRICT SOCIAL WELFARE OFFICER

DIST.- CACHAR

SILCHAR

ASSAM

Advocate for the Petitioner : MR. M H LASKAR, M. HOSSAIN,MR. S ROY

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

BEFORE

HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

Date : 30.09.2026

1. Heard the learned counsel for the petitioner.

2. The petitioner is a Non-Governmental Organization (NGO) registered under the Society's Registration Act, 1860.

3. Pursuant to a competitive bidding process, the petitioner was awarded the contract of running the One Stop Centre (OSC), in the district of Cachar for a period of 12 months and accordingly, a work order dated 07.09.2021 was issued.

4. By communication dated 01.11.2022, issued by the respondent No.5, the District Social Welfare Officer, Dist. Cachar, Silchar, the petitioner was informed that as per the direction of respondent No.4, the District Commissioner, Cachar, the contract would not be extended any further. The petitioner was simultaneously requested to submit pending bills from February 22 onwards for reimbursement.

5. According to the petitioner, it had duly submitted its bill supported by relevant vouchers, claiming reimbursement of the expenditure amounting to Rs.5,74,476/- incurred in running the OSC for the period from February 2022 to October 2022. It is their grievance raised in this petition that despite submission of the bills and supporting documents, the respondent authorities have failed to make payment till date.

6. The respondents have not disputed the contract with the petitioner. However, according to them, after verification by the respondent No.4, it was found that 27 numbers of bills and vouchers for Rs. 3,93,034/- out of the bills and vouchers for Rs. 5,74,476/-, were either not supported by valid documents or were not reimbursable as per the guidelines of OSC.

7. According to the respondents, the authorities have requested the petitioner to correct the deficiencies in the bills by enclosing necessary documents, however, he has not responded.

8. From the aforesaid pleadings what is discernible is that so far relating to an amount of Rs.1,81,442/-, there is no dispute. Therefore, in the opinion of this court, when such amount is admitted to be supported by bills and vouchers, the same should be reimbursed to the petitioner. Accordingly, it is ordered that the aforesaid amount be paid to the petitioner within a period of 3 months from the date of receipt of receipt of a certified copy of this order passed today.

9. So far relating to the remaining amount, the learned counsel for the petitioner submits that he has never been intimated as regards the deficiencies in his bills, nor has any speaking order been passed rejecting his remaining claim, except for the statement made in this affidavit. Accordingly, he submits that he may be granted an opportunity to rectify any defect and to correct the deficiencies within a time bound manner.

10. The learned state counsel, fairly submits that no separate speaking order has been passed.

11. Be that as it may, this court is also of the opinion that the petitioner shall have a right to know the reason for rejection. Further the respondent authorities themselves have stated that they are ready and they will make the payment of the legally admissible due, if it is supported by genuine bills/vouchers and/or deficiencies flagged are cured.

12. In the totality of the matter, this court is of the opinion that ends of justice would be met, if an opportunity is given to the petitioners.

13. Accordingly, it is provided that the respondent No.5 shall intimate the petitioners by identifying the deficiencies in his bill, if any, by way of a communication and in the event the petitioner satisfies this deficiency, the respondent authorities shall consider his claim, verify the same and if legally due, the same may be paid. Such exercise may be carried out within a period of six months from the date of receipt of a certified copy of the order passed today.

14. This disposes the writ petition.

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