M/S Vagdevi Printers And Stationer vs. The State Of Assam And 4 Ors

Held

The Court considered the matter and opined that the interest of justice would be served by directing the Respondent Authorities to conduct necessary verifications. Upon verification, if it is found that the Petitioner is entitled to the claimed amount or any part thereof, the same should be paid to the Petitioner within a stipulated timeframe. Accordingly, the Court directed the Deputy Commissioner, Kamrup (R), Amingaon, to verify the Petitioner's entitlement. If the verification confirms entitlement, the Respondent Authorities are directed to release the amount. The Court further directed the Director, Food, Civil Supplies and Consumer Affairs, Assam, to also do the needful for the release of the amount upon necessary verifications. This entire exercise is to be completed within three months from the date of submission of a certified copy of the order to the Deputy Commissioner and the Director. The ratio decidendi is that pending verification of entitlement for services rendered, the authorities must conduct a timely verification and release the due payment.

Facts

The Petitioner, M/s Vagdevi Printers and Stationer, a firm represented by its proprietor Smt. Dipali Dutta, filed a writ petition seeking a direction for the release of Rs. 13,99,441/-, including GST, for services rendered. The Petitioner, engaged in printing and supply of materials, was contracted by the Deputy Commissioner, Kamrup, Amingaon, vide a communication dated 18.09.2020, to print existing ration cards from the ERCMS database and paste them onto ration cards. The Petitioner submitted a bill for Rs. 13,99,441/- on 02.12.2020. This bill was forwarded by the Deputy Commissioner to the Director of Food, Civil Supplies and Consumer Affairs, Assam, on 25.01.2021. Despite the forwarding, the Petitioner did not receive the payment and subsequently submitted a representation on 20.07.2021, which also did not result in disbursement. Consequently, the Petitioner approached the High Court.

Key Issues

1. Whether the Petitioner is entitled to the payment of Rs. 13,99,441/-, including GST, for the printing and pasting work undertaken as per the communication dated 18.09.2020 from the Deputy Commissioner, Kamrup (R), Amingaon? Petitioner's Contention: The Petitioner argued that they had completed the work as per the engagement and submitted a valid bill for Rs. 13,99,441/-, which included the applicable GST. They sought a direction for the release of this amount. Revenue's Contention: The Respondent State submitted that the actual entitlement of the Petitioner could only be determined after necessary verifications by the Office of the Deputy Commissioner, Kamrup (R), Amingaon, and scrutiny by the Director of Food, Civil Supplies and Consumer Affairs, Assam.