Gauhati High Court
WP(C)/4360/2026 of MS JOGANIAR Vs THE STATE OF ASSAM AND 3 ORS on 16 August 2026
GAHC010164912026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4360/2026 MS JOGANIAR REPRESENTED HEREIN BY ITS PROPRIETOR RASEL HUSSAIN, AGE 50 YEARS, S/O MR HAIDAR HUSSAIN, R/O SANTIPUR, HILLSIDE, P.S BHARALUMUKH, DIST KAMRUP
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GAHC010164912026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4360/2026
MS JOGANIAR
REPRESENTED HEREIN BY ITS PROPRIETOR RASEL HUSSAIN, AGE 50
YEARS, S/O MR HAIDAR HUSSAIN, R/O SANTIPUR, HILLSIDE, P.S
BHARALUMUKH, DIST KAMRUP (M) ASSAM, PIN 781009
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT
OF ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, SACHIVALAYA, DISPUR, ASSAM, PIN 781006
2:THE PRINCIPAL CUM CHIEF SUPERINTENDENT
GUWAHATI MEDICAL COLLEGE AND HOSPITAL
GUWAHATI 781021
3:THE ASSAM SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD
REPRESENTED BY ITS MANAGING DIRECTOR
OFFICE AT BAMUNIMAIDAM
GHY 781021
4:THE MANAGING DIRECTOR
ASSAM SMALL INDUSTRIES DEVELOPMENT CORPORATION LTD
(A GOVT OF ASSAM UNDERTAKING)
BAMUNIMAIDAM
GHY 78102
Advocate for the Petitioner : MR S BORTHAKUR, SR. ADV., MR. J ABBAS,SK ABDULLAH
Advocate for the Respondent : SC, HEALTH, SC, AIDC
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BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
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ORDER
17.08.2026 Heard Shri J. Abbas, learned counsel for the petitioner. Also heard Ms. D. Bora, learned Standing Counsel, Health & Family Welfare Department and Shri S. Das, learned Standing Counsel, AIDC.
2. The instant petition under Article 226 of the Constitution of India has been filed for release of contractual dues. The supply order in relation to which the present claim has been made is however of the year 2015.
3. Shri Abbas, the learned counsel for the petitioner has however submitted that there are reminders of the year 2024 for releasing such payment.
4. This Court is however of the view that the instant case would not be entertainable in view of the observations made by the Full Bench in the case of Tamsher Ali vs. State of Assam reported in 2008 (4) GLT 1. In the said case, the Hon’ble Full Bench had also taken into consideration the observations made by the Constitution Bench of the Hon’ble Supreme Court in the case of State of Madhya Pradesh vs. Bhailal Bhai reported in AIR 1964 SC 1006.
5. At this stage, Shri Abbas, the learned counsel for the petitioner submits that he may be allowed to withdraw the writ petition with a liberty to approach the Civil Court.
6. Upon considering the said submissions, the writ petition is dismissed on withdrawal with liberty to approach the Civil Court, if permitted by law.
JUDGE Comparing Assistant