Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010176262016
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7744/2016 DHIRONJOY NAIDING S/O. CHATRONON NAIDING, HAFLONG GOVT. NEAR COLLEGE ROAD, P.O.
and P.S. HAFLONG, PIN. 788819. VERSUS STATE OF ASSAM and 3 ORS.
REP. BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, PUBLIC WORKS DEPTT., DISPUR, GUWAHATI-6.
2:THE PRINCIPAL SECRETARY T N.C. HILLS AUTONOMOUS COUNCIL HAFLONG DIST. DIMA HASAO ASSAM.
3:THE CHIEF ENGINEER P.W.D. ROADS HAFLONG DIVISION HAFLONG DIST. DIMA HASAO ASSAM.
4:THE EXECUTIVE ENGINEER P.W.D. ROADS HAFLONG DIVISION HAFLONG DIST. DIMA HASAO ASSAM
Page No.# 2/4 Advocate for the Petitioner : MR.B BARUAH, MR.C BARUAH,MRS.A BORAH,MR.D BARUAH Advocate for the Respondent : SC, PWD, SC, N C HILLS,,
BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
ORDER Date : 09.02.2026
1. None appears for the petitioner when the matter is called today. Heard Mr. R Dhar, learned Standing counsel, P.W.D, Assam for the respondent No. 1; none appears for the respondent No. 2, 3 and 4. 2. The petitioner, by way of instituting the present proceeding, has prayed for a direction upon the respondent authorities for releasing to him his contractual dues. 3. As projected in the writ petition, the petitioner was issued with a formal work order dated 20.02.2009 for construction of a retaining wall at college approach road, Haflong, District-Dima Hasao. The value of the work was quoted as Rs. 3,57,960/- (Rs. Three Lakh Fifty Seven Thousand Nine Hundred and Sixty only). It is projected that the petitioner has completed the work involved. However, the petitioner was not released his contractual dues. It is also projected that the respondent No. 4 had released an amount of Rs. 60,000/- (Rs. Sixty Thousand only) to the petitioner for procurement of goods and materials. The balance amount involved having not been released to the petitioner; he has instituted the present writ petition. 4. The respondent No. 4 has filed an affidavit and therein, has contended that
Page No.# 3/4 the petitioner had not completed the allotted work as per the specifications given in the tender and the work order. It is further contended that the first running bill of the petitioner was submitted on 24.06.2010 for an amount of Rs. 1,13,103/- (Rs. One Lakh Thirteen Thousand One Hundred and Three only). It is also contended that with regard to the amount involved in the first running bill, an amount of Rs. 60,000/- (Rs. Sixty Thousand only) was released to the petitioner on 31.05.2012 and the remaining amount of Rs. 53,103/- (Rs. Fifty Three Thousand One Hundred and Three only), as per the first running bill, could not be paid due to dearth of funds. 5. The respondent authorities having admitted only to the entitlement of petitioner to an amount of Rs. 1,13,103/- (Rs. One Lakh Thirteen Thousand One Hundred and Three only), this Court would not be in a position to accept the claim of the petitioner for direction upon the respondent authorities for release of an amount over and above Rs. 1,13,103/- (Rs. One Lakh Thirteen Thousand One Hundred and Three only). 6. The respondent authorities, out of the admitted amount of Rs. 1,13,103/- (Rs.
One Lakh Thirteen Thousand One Hundred and Three only), having already released to the petitioner an amount of Rs. 60,000/- (Rs. Sixty Thousand only), the respondent authorities are required to release to the petitioner the further admitted balance amount of Rs. 53,103/- (Rs. Fifty Three Thousand One Hundred and Three only), if not already released. 7. In view of the above, the present Writ Petition is disposed of directing the respondent authorities to release to the petitioner the admitted balance amount of Rs. 53,103/- (Rs. Fifty Three Thousand One Hundred and Three only) within a period of 6(six) months from the date of receipt of a certified copy of this
order.
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8. As regards the balance amount claimed by the petitioner, not admitted by the respondent authorities, the petitioner is at liberty to approach the competent Court of civil jurisdiction, in accordance with law.
9. With the above observations and directions, the present Writ Petition stands
disposed of. JUDGE Comparing Assistant