Page No.# 1/4 GAHC010071852025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1926/2025 PRAMOD KUMAR CHOUDHURY S/O- LATE THANESHWAR CHOUDHURY, R/O- H.NO.-09, RAJGARH ROAD, P.O.- SILPUKHURI, P.S.-CHANDMARI, ASSAM, PIN NO.-781003. VERSUS THE STATE OF ASSAM AND 8 ORS. REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT (P.H.E.D), BLOCK-B, ASSAM SACHIVALAYA, DISPUR, GUWAHATI-6 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING (PHE) WATER ASSAM HENGRABARI GUWAHATI-36 3:THE SUPERINTENDING ENGINEER (P.H.E.) GUWAHATI CIRCLE P.O. BAMUNIMAIDAM GUWAHATI-21 ASSAM 4:THE EXECUTIVE ENGINEER (P.H.E.) GUWAHATI DIVISION NO. II GUWAHATI-21 ASSAM 5:THE ASSISTANT EXECUTIVE ENGINEER (P.H.E.) WATER WORK SUB DIVISION GUWAHATI DIVISION NO. II GUWAHATI- 21 Page No.# 2/4 ASSAM 6:THE ASSISTANT EXECUTIVE ENGINEER (P.H.E.) DISPUR SUB DIVISION GUWAHATI DIVISION NO. II DISPUR GUWAHATI- 6 ASSAM 7:THE ACCOUNTS OFFICER (P.H.E) GUWAHATI DIVISION NO. II GUWAHATI- 21 ASSAM 8:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM ASSAM SACHIVALAYA DISPUR GUWAHATI-6 9:THE FINANCE COMMISSIONER FINANCE DEPARTMENT GOVT. OF ASSAM ASSAM SACHIVALAYA DISPUR GUWAHATI- Advocate for the Petitioner : MR. S SARMA, S J KALITA,B SAHA,MR B P SARMAH,MR D DAS,MR. C CHAKRAVARTY,MR. R HAZARIKA Advocate for the Respondent : SC, P H E, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 29.08.2025 Heard Mr. S. Sarma, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned standing counsel, PHE appearing for the respondents. This application is filed seeking for a direction to the respondent authorities to release the outstanding dues of the petitioner amounting to Rs.12,42,714/- (Rupees twelve lakhs forty two Page No.# 3/4 thousand seven hundred fourteen only)for execution of various works executed by the petitioner under the Department of PHE. The petitioner claims to be the registered contractor (Class-I(C) category) under Assam Public Works (Building) Department. The petitioner was awarded various works by way of work orders which are as follows:- a) Installation of 100 mm dia Air Valve to the 250 mm dia D.I. gravity main from Jalukbari to Sarusajai Main Stadium near ISBT and at Lalunggaon under Guwahati Division No.II. b) Renovation of toilet at Ground Floor for Technical Branch of O/o CE (PHE), B & S at Hegrabari Health Complex. c) Renovation of toilet at Ground Floor for Technical Branch of O/o CE (PHE) ,B & S at Hengrabari Health Complex d) Providing MCCB at O/o CE(PHE) B & S at Hengrabari Health Complex. e) Repairing at Ground floor of C/o CE (PHE) B & S at Hengrabari Health Complex f) Repairing of internal electrification at Ground floor of C/o CE (PHE) B & S at Hengrabari Health Complex. g) Providing cement concrete base in front side of quarter No.211-212 at Hengrabari Health Complex. h) Replacement of defective 250 mm dia MS Bend connected with D I clear water pumping main at different point between Panbazar to Paltanbazar. i) Repairing of AIR valve and 250 mm dia pipe line at Paltan Bazar Chabji Market, Guwahati. j) Planting of trees at roadside of section office up to Medical Unit at Hengrabari Health Complex in Phase-IV k) Planting of trees surrongind of Swasthya Bhawan Complex at Hengrabri Health Complex in Phase-II l) Planting of trees near tophill reservoir at Hengrabari Health Complex in Phase-II m) Planting of trees near O/o CE (PHE) sanitation at Hengrabari Health Complex in Phase-I n) Repairing of defective 250 mm dia MS manifold connected with 250 mm dia DI clear water pumping main between Panbazar WTP to GMCH W/S/S o) Shifting and construction of boundary wall along the side of Medical pump house of Panbazar Page No.# 4/4 W/T/P p) Repairing of 250 mm dia D.I. gravity main from Jalukbari to Sarsajai main stadium at University Complex near ASEB, AEC road at Jalukbari under Section q) Raising of boulder drain at back side of Block-R at Hengrabari Health Complex r) Raising of boulder drain at east side of field at Hengrabari Health Complex. It is the contention of the petitioner that he has executed a total number of 19 works to the satisfaction of the respondent authorities. However, the total outstanding amount of Rs.12,42,714/- has not been released as yet despite repeated approaches and therefore, prays that direction may be issued to the respondent authorities to release the admitted outstanding amount of Rs.12,42,714/- to the petitioner. Mr. I. Borthakur, learned Standing Counsel, PHE fairly submits that the writ petition may be disposed of with a direction to the respondents to verify the claim of the petitioner and to make payment in the event the claim of the petitioner is admitted. Having considered the submissions of the learned counsel for the parties and also on perusal of Annexure-21 showing the Liability Statement of the petitioner as under the signature of Executive Engineer, Guwahati Division No.II, Guwahati and the Accounts Officer, PHED, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to verify the claim of the petitioner and in the event, the claim of the petitioner is found admitted, the same may be paid to the petitioner. Accordingly, it is directed that the respondent authorities particularly, the Chief Engineer, PHE (Water) shall verify the claim of the petitioner within a period of 1 (one) month from today and in the event, the claim of the petitioner is found admitted, the same shall be released to the petitioner within a period of another 2 (two) months thereafter. Writ petition stands disposed of. JUDGE Comparing Assistant