SMT. KANCHAN BAGREE Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N.C. Das, the learned Senior Counsel appearing for the petitioner. The respondents are represented by Mr. P.S. Deka, the learned Government Advocate.

(2.) The petitioner is a registered Government supplier and in pursuant to the NIT dated 25.1.2008 (Annexure -1) issued by the DIG of Police (A), Assam, she supplied ration articles during 2008 ­ 2009, to meet the police requirement in few districts of Assam. The items like Rice, Ata, Suger and Salt are controlled commodities and the supplier was required to lift these items at control price from the Food & Civil Supplies Department and make the supply and she was entitled to raise bill by adding the transportation charge and profit margin. But if the actual requirement can't be met from the Government quota, the supplier was required to procure the items from other sources and make the supply as per requirement of the Police Authorities.

(3.) Admittedly, the petitioner was required to procure a portion of the requirement from the open market as per the indents issued to her. Since the payment for the supplied items were not received, the WP(C) No.280/2011 was filed earlier by the petitioner. This case was disposed of on the very first day by accepting the submission of the petitioner's lawyer that the case is covered by the ratio of Tamsher Ali Vs. State of Assam reported in 2008 (4) GLT 1. Consequently this Court passed the order on 21.1.2011 (Annexure -7), whereby the respondents were directed to consider the outstanding bills of the petitioner as per the ratio of Tamsher Ali (supra), within a period of 3 months from the date of the judgment.