Page No.# 1/5 GAHC010070612025 2025:GAU-AS:7781 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1872/2025 SRI PARTHA PRATIM BORTHAKUR S/O-LATE DHIRESWAR BORTHAKUR, BY CASTE HINDU, RESIDENT OF HOUSE NO.16, SEWALI PATH, HENGERABARI ROAD, NEAR DISPUR POLYCLINIC, DISPUR, GUWAHATI-781006, KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER, GUWAHATI MUNICIPAL CORPORATION, GUWAHATI-781006 2:THE GUWAHATI MUNICIPAL CORPORATION NEAR GANESH MANDIR CIRCLE DISPUR GUWAHATI 781006 3:THE COMMISSIONER HEAD OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION NEAR GANESH MANDIR CIRCLE DISPUR GUWAHATI 781006. 4:THE JOINT COMMISSIONER GUWAHATI MUNICIPAL CORPORATION HEAD OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION NEAR GANESH MANDIR CIRCLE DISPUR GUWAHATI 781006 5:THE CHIEF ENGINEER GUWAHATI MUNICIPAL CORPORATION HEAD OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION Page No.# 2/5 NEAR GANESH MANDIR CIRCLE DISPUR GUWAHATI 781006. 6:THE SUPERINTENDENT ENGINEER WATERWORKS WING GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI - 781001. 7:THE EXECUTIVE ENGINEER WATERWORKS WING GUWAHATI MUNICIPAL CORPORATION PANBAZAR GUWAHATI-78100 Advocate for the Petitioner : MR ABHILEKH DEKA, MR A DEKA,MR A BHATRA,N CHAUDHURY,MR. M DAS,MR. B D DEKA Advocate for the Respondent : SC, GMC, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 13.06.2025 Heard Mr. A. Deka, learned counsel for the petitioner. Also heard Ms. H. Baruah, learned Standing Counsel, GMC. 2. By way of this writ petition under Article 226 of the Constitution of India, the petitioner is seeking direction for releasing the total payment of Rs. 13,66,594/- in respect of work done in terms of notice inviting bid dated 29.04.2023. 3. The brief facts of the case is that pursuant to NIT dated 29.04.2023 for “Parallel Rate Contract for supply, placing and installation of a new Deep Tube Page No.# 3/5 Well, b. Shallow Well, c. Ring Well for the year 2023-24,” the petitioner, upon participating in the said tender process and emerging as the successful bidder, was allotted the subject work. Thereafter, the petitioner commenced the said work and carried out the same as per the specifications and eventually completed the same by successfully installing and commissioning the Deep Tube Wells at the designated locations. 4. It is the specific case of the petitioner that despite satisfactorily completing the work in question, the respondent authorities had released a payment of Rs. 11,35,849/- towards Ward No. 40 and a sum of Rs. 10,87,633/- in respect of Ward No. 43, which is equivalent to 70% of the total amount of the final bills submitted by the petitioner. Despite several representations, the remaining 30% of payments having not been paid, the present writ petition has been filed. 5. Pertinent that on the last date of hearing, i.e., 02.06.2025, Ms. H. Baruah, learned Standing Counsel, GMC was directed to obtain instructions as to why the aforesaid amount has not been released to the petitioner, despite the same having been satisfactorily completed. 6. Today, when the matter has been called, Ms. H. Baruah, learned Standing Counsel, GMC places a letter dated 11.06.2025 received from the office of the Chief Engineer i/c Guwahati Municipal Corporation, Guwahati. A copy of the letter is kept on record and marked as ‘X’. The letter dated 11.06.2025 reads as hereunder:- “OFFICE OF THE GUWAHATI MUNICIPAL CORPORATION Ganeshguri :: Guwahati-05 No.GWS/41/2025/153 Date.11/6/25 Page No.# 4/5 To The Branch Officer Legal Cell Guwahati Municipal Corporation Sub: Regarding Release of 30% Withheld Amount of Contractor Partha Pratim Borthakur. Sir, With reference to the subject cited above, this is to inform you that the 30% amount was earlier withheld as the authority was not satisfied with certain aspects related to the work executed by the contractor Shri Partha Pratim Borthakur. However, upon further verification and review, the authority is now satisfied with the compliance and quality of the said work. Accordingly, the bill has been processed for releasing the withheld 30% amount. The payment will be made to the contractor Shri Partha Pratim Borthakur within a short period. This is for your kind information and necessary record. Illegible Chief Engineer i/c Guwahati Municipal Corporation, Guwahati.” 7. Reading of the said letter, it indicates that 30% of the petitioner’s bill was kept pending for verification and review and after the same having been completed, the authority is now satisfied with the compliance and quality of the said work and accordingly, the bill has been processed for releasing the withheld 30% amount. It further appears that it is clearly stated in the aforesaid letter that the remaining 30% pending payment will be made to the petitioner within a short period of time. Page No.# 5/5 8. Ms. H. Baruah, learned Standing Counsel, GMC fairly submits that the instant writ petition can be disposed of in terms of the aforesaid letter dated 11.06.2025. 9. Mr. A. Deka, learned counsel for the petitioner also similarly submitted. 10. In view of the aforesaid endorsement made by the learned counsels appearing for the parties and upon perusing the letter dated 11.06.2025 received from the office of the Chief Engineer i/c Guwahati Municipal Corporation, Guwahati, this Court, in the interest of justice, is of the opinion that the instant writ petition can be disposed of by directing the respondent authority to release the balance 30% of the remaining amount claimed by the petitioner, in accordance with law, within a period of 3 (three) months from the date of receipt of a certified copy of this order. 11. Ordered accordingly. 12. Writ petition stands disposed of. JUDGE Comparing Assistant