Page No.# 1/4 GAHC010084762018 2025:GAU-AS:2440 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2618/2018 DIGANTA KALITA S/O LT. SAMIN KALITA R/O COLLEGE ROAD, NALBARI P.O. AND P.S. NALBARI DIST.NALBARI, ASSAM PIN - 781335 VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE REGISTRAR OF COOPERATIVE SOCIETIES, ASSAM, DISPUR, GUWAHATI -06. 2:ASSAM STATE COOPERATIVE HOUSING FEDERATION REP. BY MANAGING DIRECTOR HOUSEFED ASSAM GUWAHATI -6. 3:THE PROJECT ENGINEER HOUSEFED ASSAM GUWAHATI- 6. 4:THE SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI -06 Advocate for the Petitioner : MR. S K GOSWAMI, MR. N BARMAN Advocate for the Respondent : SC, CO OP, SC, FINANCE DEPTT.,MS U DAS(SC, HOUSEFED, R- Page No.# 2/4 2 &3),DR. B AHMED (SC, CORPORATION DEPT. ),MR. R BORPUJARI,SC, FINANCE DEPTT.,MR R DHAR (GA, ASSAM) BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 07.03.2025 . Heard Mr. S.K. Goswami, learned counsel for the petitioner. Also heard Mr. G. Bordoloi, learned standing counsel for the Cooperation Department, representing the respondent No.1 and Ms. U. Das, learned standing counsel for the Assam State Cooperative Housing Federation (in short ‘the HOUSEFED’) for the respondent Nos.2 & 3. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the admitted outstanding amount of Rs.9,44,289/- (Rupees nine lakh forty four thousand two hundred eighty nine) only, for the work executed by the petitioner, namely, construction of boundary retaining wall, Iron Gate, Earth filling for D.R.C.S./A.R.C.S office at Nalbari. 3. The petitioner is a registered contractor of the HOUSEFED, Assam. Pursuant to the tender, the petitioner was awarded the work by the Managing Director, HOUSEFED vide order dated 05.07.2014, for construction of boundary retaining wall, Iron Gate, Earth filling for D.R.C.S./A.R.C.S office at Nalbari. 4. It is contended that the petitioner has completed the said work and accordingly, a completion certificate was issued on 21.01.2022, by the Project Engineer, HOUSEFED, Assam. Thereafter, on satisfactory completion, handing and taking over of the works have been done on 18.05.2022. Page No.# 3/4 5. Mr. S.K. Goswami, learned counsel for the petitioner submits that the respondent authorities have failed to pay the balance amount including the security deposits and the earnest money till date without any reason, which has put the petitioner to financial distress. Therefore, the respondent authorities may be directed to release the balance amount, security deposit and earnest money. 6. Mr. G. Bordoloi, learned standing counsel for the Cooperation Department and Ms. U. Das, learned standing counsel for the HOUSEFED have jointly submitted that the amount due to the petitioner is Rs.9,44,289/- (Rupees nine lakh forty four thousand two hundred eighty nine) only, including the security deposits and the earnest money and on the instruction of the Registrar of the Cooperative Societies, Assam, the same has not been released, as the boundary wall constructed by the petitioner found to be not properly constructed. Therefore, unless the boundary wall is properly constructed, the remaining balance amount cannot be released. 7. I have considered the submissions of learned counsel for the parties and perused the materials. 8. It is noticed that the petitioner has completed the works in question satisfactorily way back in the year 2021. Accordingly the same was handed over to the respondents on 18.05.2022. The inquiry/inspection appears to have been made in the year 2024, whereby the boundary wall, constructed by the petitioner, is found to be damaged. 9. As the work awarded to the petitioner was completed way back in the year Page No.# 4/4 2021 and handing over and taking over of the same was done in the year 2022, if the boundary wall is found to be damaged after two years, no fault could be attributed to the petitioner, as the petitioner appears to have completed the work satisfactorily, as per the work order and within time. 10. Thus, I am of the considered view that the amount entitled to the petitioner, could not be withheld on the ground that on inspection after two years of completion of the work, the boundary wall is found damaged. 11. Having considered the submissions and the materials, I am of the view that the petitioner is entitled to an amount of Rs.9,44,289/- (Rupees nine lakh forty four thousand two hundred eighty nine) only, which includes the earnest money and security deposit as the same is clearly admitted by the respondents Thus, the petitioner is entitled to be paid. 12. Accordingly, this writ petition is disposed of with a direction to the respondent authorities to release the admitted amount of Rs.9,44,289/- (Rupees nine lakh forty four thousand two hundred eighty nine) only, which includes the earnest money and security deposit, due to the petitioner, within a period of three (3) months, from today. 13. The writ petition stands disposed of in terms of the above direction. JUDGE Comparing Assistant