Gauhati High Court

WP(C)/4360/2026 of MS JOGANIAR Vs THE STATE OF ASSAM AND 3 ORS on 16 August 2026

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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

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 (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.

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