M/S Vagdevi Printers And Stationer vs. Shri Biswaranjan Samal And Two Ors

Held

The Court held that the order dated 22.11.2023 passed in WP(C) 6696/2023 had been complied with. This conclusion was based on two key pieces of evidence: first, the letter dated 07.06.2024 issued by the Commissioner, Food, Civil Supplies & Consumer Affairs and Legal Metrology (FCS, CA & LM), who was the former Director, FCS & CA. This letter explicitly admitted the State respondents' outstanding liability of Rs. 15,54,935/- payable to the petitioner. Second, the submission made by the learned counsel for respondent nos. 1 & 3, who stated that the said amount of Rs. 15,54,935/- had indeed been paid to the petitioner. The Court found these submissions and the documentary evidence sufficient to establish compliance with the previous order. Consequently, the contempt petition was closed.

Facts

The petitioner, M/s Vagdevi Printers and Stationer, filed a contempt petition alleging non-compliance with an order dated 22.11.2023 passed in WP(C) 6696/2023. The original writ petition sought a direction for the release of Rs. 15,54,935/-, including GST, for manual beneficiary details on ration cards under the NFSA project in Kamrup District. The order dated 22.11.2023 directed the Deputy Commissioner, Kamrup (R), Amingaon, and the Director, Food, Civil Supplies and Consumer Affairs (FCS & CA), Assam, to verify the petitioner's entitlement and release the amount if found due within three months. The respondents, represented by the Additional Chief Secretary and others, contended that the order had been complied with, citing a letter dated 07.06.2024 from the Commissioner, FCS, CA and LM, which admitted an outstanding liability of Rs. 15,54,935/- and stated that this amount had been paid to the petitioner.

Key Issues

1. Whether the respondents have complied with the order dated 22.11.2023 passed in WP(C) 6696/2023, which directed the verification and release of Rs. 15,54,935/- to the petitioner. Petitioner's contention: The petitioner argued that the order had not been complied with, leading to the filing of the contempt petition. Respondents' contention: The respondents argued that the order had been complied with. They relied on a letter dated 07.06.2024 issued by the Commissioner, Food, Civil Supplies & Consumer Affairs and Legal Metrology (FCS, CA and LM), which indicated that the petitioner was entitled to Rs. 15,54,935/- and that this amount had been paid. They submitted that the Commissioner, FCS & CA and LM was the earlier Director, FCS & CA, Assam, and therefore, the direction issued in the writ petition had been fulfilled as the liability was admitted and paid.