Page No.# 1/4 GAHC010086452023 2025:GAU-AS:738 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2238/2023 ABDUL MALIK MAZUMDER S/O- HABIB ALI MAZUMDER R/O- HOUSE NO- 133, NAGAYAPAM, NEAR PANJEGANA MASZID, VILL AND P.O.- JAMUNAMUKH, DIST.- HOJAI, ASSAM, PIN- 782428. VERSUS THE GOVT. OF ASSAM AND 3 ORS PUBLIC HEALTH ENGINEERING (P.H.E.) DEPARTMENT, REPRESENTED BY ADDITIONAL CHIEF SECRETARY GOVERNMENT OF ASSAM, DISPUR, GUWAHATI-781006. 2:THE CHIEF ENGINEER P.H.E. DEPARTMENT WATER HENGRABARI GUWAHATI-781036. 3:THE ADDITIONAL CHIEF ENGINEER P.H.E. DEPARTMENT NAGAON PIN- 782001. 4:THE EXECUTIVE ENGINEER (PHE) DEPARTMENT HOJAI DIVISION HOJAI PIN- 782435 Advocate for the Petitioner : G UDDIN, P ADHIKARI Advocate for the Respondent : SC, P H E, Page No.# 2/4 BEFORE HON’BLE MR. JUSTICE KARDAK ETE O R D E R Date : 24.01.2025. Heard Ms. P. Adhikari, learned counsel for the petitioner. Also heard Mr. R. Bora, learned standing counsel appearing for the PHE Department. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the outstanding bill amounting to Rs.3,61,926/- (Rupees three lakh sixty one thousand nine hundred twenty six) only, for execution of works under the Executive Engineer (PHE), Hojai Division, as per the work orders dated 19.01.2013, 26.04.2013 and 24.03.2017 respectively, for repairing, renovation and restoration of distribution pipe line, construction of hydrant pillar, etc. The petitioner claims to be the contractor by profession and having experience of executing various works under the PHE Department, Govt. of Assam was awarded total four (4) works, as noted above. It is contended that the petitioner has completed the works awarded to him and submitted bill amounting to Rs.3,61,926/- (Rupees three lakh sixty one thousand nine hundred twenty six) only, for the said works. Ms. P. Adhikari, learned counsel for the petitioner submits that despite repeated requests, the respondent authorities have failed to make payment of the said admitted outstanding amount of Rs.3,61,926/- till date. Therefore, she Page No.# 3/4 submits that the respondents may be directed to release the admitted amount of Rs.3,61,926/- (Rupees three lakh sixty one thousand nine hundred twenty six) only, forthwith. Mr. R. Bora, learned standing counsel for the PHE Department has submitted that no instruction could be obtained, however, there is nothing on record placed by the petitioner to indicate that the amount claimed by the petitioner is admitted. Therefore, direction may be issued to the respondent authorities to verify the claim of the petitioner and if found admitted, may be directed to make payment of the same to the petitioner. On consideration of the submissions of learned counsel for the parties and also perusal of the materials available on record, it is seen that the petitioners have been awarded four (4) numbers of work orders by the Executive Engineer (PHE), Hojai Division on 19.01.2013, 26.04.2013 and 24.03.2017 respectively. It appears that the petitioner has duly executed and completed the works, as awarded to him. Having considered the submissions of learned counsel for the parties and considering the materials, I am of the view that the writ petition can be disposed of with a direction to the respondent authorities to verify the claim of the petitioner. Accordingly, the respondents are directed to verify the claim of the petitioner in respect of the outstanding bill amount of Rs.3,61,926/- (Rupees three lakh sixty one thousand nine hundred twenty six) only, for execution of repairing, renovation and restoration of distribution pipe line, construction of hydrant pillar, etc., within a period of two (2) months from today. After verification, if found admitted, the same shall be released to the petitioner Page No.# 4/4 within a period of one month thereafter. The writ petition stands disposed of in terms of above. JUDGE Comparing Assistant