Page No.# 1/3 GAHC010088602020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2669/2020 KAILASH BARMAN S/O- LATE LANKESWAR BARMAN, R/O- VILL- NARANGI PATHAR QUWARY, P.S- NOONMATI, GUWAHATI- 71 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PWD DEPTT, DISPUR, GUWAHATI- 06 2:THE KARBI ANGLONG AUTONOMOUS HILL COUNCIL DIPHU REP. BY THE PRINCIPAL SECRETARY 3:THE SUPERINTENDENT ENGINEER PWD (R AND B) DIPHU CIRCLE-1 DIPHU 4:THE EXECUTIVE ENGINEER PWD(ROAD) DIVISION DIPH Advocate for the Petitioner : MR. D K SARMAH, MS. A TALUKDAR,MR D KALITA Advocate for the Respondent : SC, PWD, SC, K A A C Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 26.05.2025 Heard Ms. A. Talukdar, learned counsel for the petitioner as well as Shri J. Chutia, learned Standing Counsel, KAAC. The matter pertains to a claim for payment of contractual dues which has been quantified at Rs.24,01,967/- (Rupees Twenty Four Lakh One Thousand Nine Hundred Sixty Seven). From the materials available on record and from the submissions which have been recorded in various orders of this Court, it appears that there is no dispute to the aforesaid claim and the only issue was regarding availability of funds. It also appears that in the meantime, payments of Rs.1,54,440/- (Rupees One Lakh Fifty Four Thousand Four Hundred Forty) and Rs.50,000/- (Rupees Fifty Thousand) have been made on 06.12.2024 and 19.02.2025 respectively. Ms. Talukdar, the learned counsel has drawn the attention of this Court to the order dated 03.09.2024 in which the submission of the learned counsel, Shri Chutia for the KAAC has been recorded as per which, the payment was to be cleared by December, 2024. For ready reference, the aforesaid order dated 03.09.2024 is extracted herein below: “Pursuant to this Court’s order dated 30.08.2024, Mr. Chutia, learned standing counsel for the KAAC submits that the actual and admitted due to the petitioner is an amount of Rs.24,01,967/- and the respondent authorities are trying their best to release the aforesaid amount to the petitioner and on instruction he further submits that this matter may be adjourned and fixed in the Month of January, 2025 and the payment to the petitioner shall be made by December, 2024. Page No.# 3/3 Accordingly, the matter stands adjourned and be listed on 20.01.2025.” Shri Chutia, the learned counsel has placed before this Court written instructions dated 25.05.2025, as per which there is no allocated funds and necessary arrangements are being made to release a part payment within the current financial year. It has further been stated that the full payment shall be made as and when sufficient funds become available within the financial year. The aforesaid instructions are not only vague but is contrary to the earlier instructions recorded on 03.09.2024. The Council cannot be allowed to shift their position from time to time, more so, when the amount in question has been admitted. Further, the financial year is from April, 2025 which would end in March, 2026 and therefore, the instructions are not clear at all. The Council being the part of the State cannot take a stand of the present nature citing lack of funds. When the liability is admitted and assurance made before this Court to clear the same by December, 2024, there would be no occasion to grant time, that too, for an indefinite period which may extend to March, 2026. In view of the above, the writ petition is disposed of by directing the Council to release the admitted amount of contractual bills within a further period of 2 (two) months which would end on 30.07.2025. JUDGE Comparing Assistant