Gauhati High Court
WP(C)/679/2026 of MS BHATRI TRADERS Vs THE STATE OF ASSAM on 9 June 2026
GAHC010004522026 2026:GAU-AS:8283 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/679/2026 MS BHATRI TRADERS REPRESENTED BY ITS PROPRIETOR TRIPUL BARMAN, HAVING ITS OFFICE ADDRESS AT GANGA PATH, ANANDAPUR, HENGRABARI, GUWAHATI-06,
GAHC010004522026
2026:GAU-AS:8283
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/679/2026
MS BHATRI TRADERS
REPRESENTED BY ITS PROPRIETOR TRIPUL BARMAN, HAVING ITS
OFFICE ADDRESS AT GANGA PATH, ANANDAPUR, HENGRABARI, GUWAHATI-06, DISTRICT-KAMRUP M, ASSAM.
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, GOVERNMENT OF ASSAM, DISPUR, GUWAHATI 05, ASSAM.
2:THE DIRECTOR GENERAL OF POLICE
ASSAM POLICE HEADQUARTER
ULUBARI
GUWAHATI-07
DIST- KAMRUP (M)
ASSAM
3:COMMISSIONER OF POLICE
GUWAHATI-CITY
GUWHATI-01
DIST- KAMRUP (M)
ASSAM
4:DEPUTY COMMISSIONER OF POLICE (ADMINISTRATION
GUWAHATI CITY
KAMRUP METRO
ASSAM
5:ASSISTANT COMMISSIONER OF POLICE (RESERVE)
GUWAHATI CITY
KAMRUP METRO
ASSA
Advocate for the petitioner(s): Mr. R Saha Advocate for the respondent(s): Mr. K Gogoi Addl. Senior Govt. Advocate, Assam B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
10.06.2026
Heard Mr. R Saha, the learned counsel appearing on behalf of the petitioners. Also heard Mr. K Gogoi, the learned Addl. Senior Govt. Advocate, Assam.
2. The petitioners have stated that the petitioner No. 1 is a firm which deals in supply of office materials and hardware articles, electronic equipments, bamboo products and motor vehicle spare parts and accessories, etc. In the course of business, they had supplied motor vehicle spare parts and accessories to the Office of the Commissioner of Police, Guwahati pursuant to the work orders issued by the said Office, annexed as Annexure-A series to the writ petition, from time to time. It is the case of the petitioners that despite submissions of bills, the respondent authorities have not released the entire bill amount to the petitioners. As a result of which, an outstanding due against the supply of various motor vehicles spare parts amounting to Rs.47,50,964/- still remains to be paid to the petitioners. As the above outstanding amounts against the supply have not been disbursed, despite repeated approaches being made and submission of representations by the petitioners before the respondent authorities, the instant writ petition has been filed.
3. This Court vide the order dated 11.02.2026 issued notice seeking a response from the respondent authorities. In pursuance thereto, an affidavit-in-opposition has been filed by the respondent No.3 i.e. the Deputy Commissioner of Police (Admn), Guwahati. In the said affidavit at paragraph No.5, it is mentioned that the bills for the period from November, 2020 to March 2022 have been verified to ascertain the authenticity of the claim of the petitioners and there are no differences between the claim made by the petitioners and records available in the Office of the Commissioner of Police, Guwahati and, accordingly, the bills have already been forwarded to the Assam Police Headquarters for necessary sanction and release. Paragraph 5 of the said affidavit-in-opposition being relevant is quoted hereinunder: “5. That with regards to the statements made in paragraph Nos. 5 to 9 of the writ petition, the answering deponent begs to state that M/S Bhatri Traders has claimed an amount of Rs. 47,50,064/- (Rupees Forty Seven Lakh Fifty Thousand Nine Hundred Sixty
Four) only as outstanding dues against the supply of various motor vehicles spare parts during the period from November"2020 to March"2022 as per the indents issued time to time by the authorised officer i.e the Respondent No. 5, the Assistant Commissioner of Police, Reserve, Police Commissionerate, Guwahati. The petitioner also claimed that he has submitted bills on various dates after execution of supply order for payment, but the outstanding amount against the supply is not paid by the authority and as such the amount dues are increasing day by day. The Deponent further begs to state that considering the claim made by the petitioner and in response to the direction issued by the Hon’ble Court in its Order dated 11.02.2026, the relevant records of Police Reserve as well as records maintained in this office were examined to ascertain the authenticity of the claim of the petitioner. During examination of the records, it is found that petitioner has supplied various spare parts required for repairing of Govt vehicles allotted by the Home Department. The scrutiny of records reveals that month's wise bills against the supply of motor parts submitted by the petitioner from November, 2020 to March, 2022 are in order and there are no differences between the claim made by the petitioner and records available in this office. It reveals from the record that monthly wise bills have already been forwarded to the Assam Police Headquarters to accord approval of sanction as well as allotment of fund from 04.12.2021, but approval of sanction against the proposals are yet to be received, as such the claim amounts are pending. The details of the proposals submitted to the Assam Police Headquarters from 04.12.2021 are as follows: M/S (04-08) 2020-21 SL.No. NAME of FIRM MONTH AMOUNT MEMO NO.
Nov-2020 439100 ECP/Acctts./Contg/MV/2021/6412
Dtd. 04.12.2021
Dec-2020 219273 ECP/Acctts./Contg/MV/2021/6597
Dtd.
Page No.# 5/7 14.12.2021
Dec-2020 248520 ECP/Acctts./Contg/MV/2021/6596
Dtd. 14.12.2021 TOTAL 906893
2021-22
May-2021 333959 ECP/Acctts./Contg/MV/2022/3212
Dtd. 29.07.2022
M/s. Bharati Traders June-2021 216500 ECP/Acctts./Contg/MV/2022/3211
Dtd. 29.07.2022
July-2021 302668 ECP/Acctts./Contg/MV/2022/4546
Dtd. 26.09.2022
August-2021 477535 ECP/Acctts./Contg/MV/2022-23/6399 Dtd. 15.11.2022
Sept-2021 301870 ECP/Acctts./Contg/MV/2022-23/6522 Dtd. 22.11.2022
Oct-2021 278983 ECP/Acctts./Contg/MV/2022-23/5862 Dtd. 16.12.2022
Oct-2021 230816 ECP/Acctts./Contg/MV/2022-23/5861 Dtd. 16.12.2022
Nov-2021 211390 ECP/Acctts./Contg/MV/2022-23/5864 Dtd. 16.12.2022
Nov-2021 305870 ECP/Acctts./Contg/MV/2022-23/5863 Dtd. 16.12.2022
Dec-2021 299310 ECP/Acctts./Contg/M.V.(liabilities)/2023-
Page No.# 6/7 24/6102-10 Dtd. 16.11.2023
Jan-2022 222190 ECP/Acctts./Contg/MV(BT)/2023/214 Dtd. 27.01.2023
Jan-2022 237920 ECP/Acctts./Contg/MV(BT)/2023/215 Dtd. 27.01.2023
Feb-2022 248780 Re-Sub ECP/Acctts./Contg/MV(BT)/08/2023/1335 Dtd. 27.02.2024
March-2022 176280 Re-sub ECP/Acctts./Contg/MV(BT)/08/2023/1335 Dtd. 27.02.2024 Total 3844071
Grand Total 4750964
4. It is the opinion of this Court that as the amount of Rs.47,50,964/- has been duly verified and it is found that the petitioner is entitled to for the period from November 2020 to March 2022, appropriate directions can be issued to the respondent authorities for payment within a reasonable period.
5. Accordingly the instant writ petition stands disposed of with the following observations and directions:
(i) . The petitioners are entitled to the amount of Rs.47,50,964/- as admitted by the respondents.
(ii) . The said amount of Rs.47,50,964/- be paid to the petitioners after making such statutory deductions, if so required within a period of 6(six) months from the date a certified copy of the instant order is served upon the respondent No.2 i.e. the Director General of Police, Assam.
(iii) . Any amount so paid during the pendency of the present writ petition towards the dues of the petitioners shall be set off while making payment to the petitioners.
JUDGE Comparing Assistant