Gauhati High Court
WP(C)/4507/2022 of M/S BOHAGI STORE Vs THE STATE OF ASSAM AND 3 ORS on 23 July 2026
GAHC010127382022 2026:GAU-AS:10214 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4507/2022 M/S BOHAGI STORE A PROPRIETORSHIP FIRM, AMULAPATTY, DHAKUAKHANA, P.O AND P.S- DHAKUAKHANA, DIST- LAKHIMPUR, ASSAM, PIN-787055. REP HEREIN BY ITS
GAHC010127382022
2026:GAU-AS:10214
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4507/2022
M/S BOHAGI STORE
A PROPRIETORSHIP FIRM, AMULAPATTY, DHAKUAKHANA, P.O AND P.S- DHAKUAKHANA, DIST- LAKHIMPUR, ASSAM, PIN-787055.
REP HEREIN BY ITS PROPRIETOR
MAHANANDA SARMAH,
S/O- LATE GAGAN CHANDRA SARMAH
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP BY THE COMMISSIONER TO THE GOVERNMENT OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, JURIPAR , PANJABARI, GUWAHATI- 37, KAMRUP METRO, ASSAM
2:THE COMMISSIONER
TO THE GOVERNMENT OF ASSAM
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
JURIPAR
PANJABARI
GUWAHATI- 37
KAMRUP METRO
ASSAM
3:THE DEPUTY COMMISSIONER
DIST- LAKHIMPUR
ASSAM
PIN-787001
4:THE SUB DIVISIONAL OFFICER
(CIVIL)
DHAKUAKHANA
DIST- LAKHIMPUR
ASSAM
PIN-78705
For the Petitioner(s) : Mr. U. K. Deka, Advocate For the Respondent(s) : Ms. U. Das, Addl. Sr. GA, Assam : Ms. N. Borah, Standing Counsel BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
Date : 24.07.2026
Heard Mr. U. K. Deka, the learned counsel appearing on behalf of the Petitioner and Ms. N. Borah, the learned Standing counsel appearing on behalf of the Respondent Nos. 1 and 2. I have also heard Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 3 and 4.
2. The Petitioner herein being aggrieved by the inaction on the part of the Respondent Authorities in not releasing an amount of Rs.5,93,942/- has approached this Court by filing the present writ petition.
3. The record reveals that on 13.05.2026, when the writ petition was taken up, the District Commissioner (In-Charge), Lakhimpur vide a communication dated 24.04.2026 categorically admitted that the Petitioner is entitled to the amount of Rs.5,93,942/- and this aspect was duly recorded in the order dated 13.05.2026 and the said document which was placed had been kept on record and marked with the letter “Y”.
4. In the order dated 13.05.2026, this Court sought for instructions from the P&RD Department as to why the Petitioner has not been paid the outstanding dues. Today, when the matter was taken up, Ms. N. Borah, the learned Standing counsel for the P&RD Department submitted that the P&RD Department also duly admits the said amount inasmuch as, the Commissioner, P&RD had written a letter to the Additional Chief Secretary to the Government of Assam, P&RD on 23.07.2026 for providing financial sanction to the amount of Rs.5,93,942/- which is payable to the Petitioner. The said document is kept on record and marked with the letter “Z”.
5. Further to that, it is also seen that on the same date, a Justification Note has also been placed before the Senior Financial Adviser, P&RD as well as the Additional Chief Secretary, P&RD that the amount of Rs.5,93,942/- be incorporated in 2026-27 budget and sanctioned be accorded during the Financial Year 2026-27. The said document is also kept on record and marked with the letter “Z1”.
6. In view of the categorical admission on the part of the Respondent Authorities that the Petitioner is entitled to the amount of Rs.5,93,942/-, it is the opinion of this Court that the Petitioner is entitled to certain directions for the release and disbursal of the said amount of Rs.5,93,942/-.
7. Accordingly, the instant writ petition stands disposed of with the following observations and directions:
(i) The Respondent Nos. 1 and 2 are directed to forthwith transfer the amount of Rs.5,93,942/- to the District Commissioner, Lakhimpur.
(ii) Upon receipt of the said amount, the District Commissioner, Lakhimpur shall disburse the amount to the Petitioner.
(iii) The said exercise be completed within a period of 3 (three) months from today.
JUDGE Comparing Assistant