Gauhati High Court
WP(C)/2129/2026 of M/S BHATRI TRADERS AND ANR Vs THE STATE OF ASSAM AND 3 ORS on 6 August 2026
GAHC010075022026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2129/2026 M/S BHATRI TRADERS AND ANR REPRESENTED BY ITS PROPRIETOR TRIPUL BARMAN, OFFICE ADDRESS- GANGA PATH, ANANDAPUR, HENGARABARI, GUWAHATI-06, DIST. KAMRUP METRO,
GAHC010075022026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2129/2026
M/S BHATRI TRADERS AND ANR
REPRESENTED BY ITS PROPRIETOR TRIPUL BARMAN, OFFICE ADDRESS- GANGA PATH, ANANDAPUR, HENGARABARI, GUWAHATI-06, DIST.
KAMRUP METRO, ASSAM
2: TRIPUL BARMAN
S/O- PRASANNA BARMAN
R/O- HOUSE NO. 8
GANGA PATH
ANANDAPUR
HENGRABARI
GUWAHATI-06
DIST. KAMRUP METRO
ASSA
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-05.
2:DIRECTOR GENERAL OF POLICE
ASSAM POLICE HEAD QUARTER
ULUBARI
GUWAHATI-07
DIST. KAMRUP METRO
ASSAM
3:COMMISSIONER OF POLICE
GUWAHATI CITY
GUWAHATI-01
DIST. KAMRUP METRO
ASSAM
4:DEPUTY COMMISSIONER OF POLICE (ADMINISTRATION)
GUWAHATI CITY
GUWAHATI
DIST. KAMRUP METRO
ASSA
Advocate for the Petitioner : MR. S NATH, R SAHA
Advocate for the Respondent : GA, ASSAM, BEFORE
HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI
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ORDER
07.08.2026 Heard Shri R. Saha, learned counsel for the petitioners. Also heard Shri R. Talukdar, learned State Counsel, Assam. The petitioner no. 1 is a registered proprietorship and the petitioner no. 2 is the proprietor. The grievance of the petitioner no. 2 is with regard to non-release of contractual dues. The petitioner no. 2 has contended that pursuant to an NIT, he has supplied various office materials and miscellaneous articles etc to the Office of the Commissioner of Police, Guwahati. In the affidavit filed by the respondent no. 3 on 22.07.2026, the amount has been admitted as liability and it is also contended that in the meantime, a certain amount has been released to the petitioner. It is also stated that there is a balance amount of Rs. 10,07,291 to be paid to the petitioner. On the aspect of invoking of jurisdiction by a Writ Court, the Hon’ble Full Bench of this Court in the case of Tamsher Ali & Ors. Vs. State of Assam & Ors., reported in 2008 (4) GLT 1 has laid down certain guidelines in which a Writ Court can also adjudicate contractual dues which amongst others, require an acknowledgment of writing from the Chief Engineer/ Head of the Department. In the instant case, such acknowledgment has come by way of an affidavit. This Court has also noted that there is no dispute at the Bar that an amount has already been released to the petitioners and as mentioned above, there is a balance which is pending. In view of the above, the instant writ petition is closed with a direction to the respondent authorities to pay the balance amount in terms of the guidelines laid down by the Hon’ble Full Bench in the case of Tamsher Ali (supra). The writ petition accordingly stands disposed of.
JUDGE Comparing Assistant