Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 11361 (GAU)

JAYANTA BHAGAWATI v. THE STATE OF ASSAM AND 4 ORS

WP(C)/2395/2024 · 2025-08-17

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010087142024 2025:GAU-AS:11131 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2395/2024 JAYANTA BHAGAWATI S/O- RAM BHAGAWATI, R/O- BISHNUPALLY,P.O- HOJAI, DIST- HOJAI, PIN-782439 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY, GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT HOJAI DIVISION HOJAI NAGAON DISTRICT-782435 3:THE EXECUTIVE ENGINER PUBLIC HEALTH ENGINEERING DEPARTMENT HOJAI DIVISION HOJAI NAGAON DISTRICT-782435 4:THE ASSISTANT EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT HOJAI DIVISION HOJAI NAGAON DISTRICT-782435 5:THE ACCOUNTS OFFICER PUBLIC HEALTH ENGINEERING DEPARTMENT HOJAI DIVISION HOJAI NAGAON DISTRICT-78243 Page No.# 2/4 For the Petitioner(s) : Ms. B. Chowdhury, Advocate For the Respondent(s) : Mr. R. R. Gogoi, SC, PHE BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.08.2025 The instant petition has been filed being aggrieved by the inaction on the part of the respondent authorities in not making payment of the bills of the petitioner. 2. The case of the petitioner herein is that on 08.02.2016 and 25.11.2016, the respondent authorities issued various work orders to the petitioner, namely—(i) providing and laying of raw water pumping main at Ampukhuri PWSS under the programme Non-Plan (Defunct); (ii) site development at Ampukhuri PWSS under the programme Non-Plan (Defunct); (iii) laying of distribution network (labour charge only) of approximately 1364.00 meters, including construction of RCC hydrant pillars, C.C. platforms, drains and valve chambers at Ampukhuri PWSS under the programme Non-Plan (Defunct); and (iv) horizontal boring in PMGSY road network at Ampukhuri PWSS under the programme Non- Plan (Defunct) for the year 2014-15. 3. It is the case of the petitioner that upon completion of the tendered works, the petitioner submitted bills amounting to Rs.2,89,878/- before the respondent authorities, and upon due verification, the respondent authorities issued the work completion certificate. Thereafter, the Page No.# 3/4 petitioner verbally approached the respondent authorities for release of the said amount, whereupon the respondent authorities assured that the fund would be released; however, till date, no payment has been made in favour of the petitioner. 4. The learned counsel for the petitioner submitted that the petitioner had submitted various representations to the respondent authorities for release of the amount however the said amount of Rs.2,89,878/- is still pending, for which the petitioner has approached this Court under Article 226 of the Constitution. 5. It is seen that pursuant to the order passed by this Court on 23.07.2025, a verification was conducted by the respondent authorities and it was found that out of the amount of Rs.2,89,878/- as claimed by the petitioner, the petitioner is actually entitled to an amount of Rs.1,48,647/- which have been duly mentioned at paragraph No.3 of the said affidavit-in-opposition. Further to that, the said paragraph has been supported by an enclosure marked as Annexure-1 to the affidavit in opposition. 6. Considering the above, this Court therefore disposes of the instant writ petition with a direction to the respondent authorities to pay an amount of Rs.1,48,647/- to the petitioner within a period of 6 (six) months from the date a certified copy is served upon the respondent No.2 after carrying out necessary statutory deductions, if so required. 7. This Court further observes that as the remaining amount of Rs.1,41,231/- have been disputed by the respondent authorities by filing the affidavit, the petitioner would be at liberty to approach the Civil Court Page No.# 4/4 seeking redressal of its grievances. 8. With the above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant