Facts
The petitioner, a registered contractor, supplied stationery, electrical and miscellaneous goods to the Assam Police authorities pursuant to supply orders and mutual arrangements.
Source reference: pp. 3–4The Superintendent of Police, Goalpara, issued several orders dated 12 February 2018 for adjustment of the petitioner’s bills and subsequently forwarded a communication dated 20 January 2020, along with a detailed report, to the Assistant Inspector General of Police.
Source reference: pp. 3–4The petitioner claimed that bills amounting to ₹23,18,780 had been approved and forwarded for payment, but the respondents had not released the amount.
Source reference: p. 4The State did not deny that the supplies had been made, but contended that the petitioner’s entitlement required verification by the authorities.
Source reference: p. 5The petitioner therefore invoked the writ jurisdiction of the High Court under Article 226 of the Constitution.
Source reference: p. 4Issues
Whether the petitioner was entitled to payment of ₹23,18,780 for the stationery, electrical and miscellaneous goods allegedly supplied to the respondent authorities.
Source reference: paras. 2–6Whether the respondent authorities should be directed to verify the supplies, supporting documents, and the petitioner’s entitlement before releasing the claimed dues.
Source reference: paras. 5–7Law Applied
The Court applied the constitutional jurisdiction under Article 226 of the Constitution of India to consider the petitioner’s grievance regarding alleged non-payment of approved contractual dues.
Source reference: p. 4It applied the principle that payment of public contractual claims may be directed only after verification of the actual supply, compliance with the applicable supply orders, submission of requisite supporting documents, and determination of the claimant’s entitlement.
Source reference: paras. 5–7Reasoning
The Court noted that the respondents did not dispute that the petitioner had supplied stationery, electrical and miscellaneous goods, but maintained that the claimed amount required verification.
Source reference: p. 5Although the petitioner relied on the approval and forwarding of the bills by the Superintendent of Police, the Court held that payment could follow only after the authorities verified whether the materials were supplied in accordance with the relevant orders, whether all requisite documents had been submitted, and whether the petitioner was otherwise entitled to the dues.
Source reference: paras. 6–7Accordingly, the Court treated verification as necessary before granting the monetary relief claimed.
Source reference: paras. 6–7Holding
The writ petition was disposed of with directions to the respondent authorities to: (i) verify whether the petitioner supplied the materials in accordance with the supply orders; (ii) verify whether the requisite documents for release of payment had been submitted; and (iii) determine the petitioner’s entitlement and pay the amount found due.
The entire exercise was directed to be completed within six months from the date on which a certified copy of the order is served upon the Director General of Police, Assam.
Source reference: para. 7(iv)Original Court PDF
Ms B K TradersvsThe State Of Assam And 6 Ors
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