Page No.# 1/5 GAHC010097242025 2025:GAU-AS:11926 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2927/2025 M/S N A ENTERPRISE REPRESENTED BY ITS PROPRIETOR NABA TALUKDAR, AGED ABOUT 51 YEARS, S/O ACHYUT TALUKDAR, R/O H. NO. 85, GANESH MANDIR PATH, NEW GUWAHATI, NOONMATI, GUWAHATI, PIN-781020, DIST- KAMRUP (M), ASSAM HAVING ITS REGISTERED OFFICE AT TANGLA, WARD NO. 4, PIN- 784521, DIST- UDALGURI, BTAD, ASSAM VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM 2:THE CHIEF ENGINEER WATER PHED ASSAM HENGRABARI GUWAHATI-36 3:THE SPECIAL SECRETARY TO THE GOVT. OF ASSAM PHED HENGRABARI GUWAHATI-36 4:THE ADDL. CHIEF ENGINEER PHE NORTH ASSAM ZONE TEZPUR DIST- SONITPUR ASSAM Page No.# 2/5 PIN-784001 5:THE SECRETARY TO THE GOVT. OF ASSAM PHE DEPARTMENT DISPUR GUWAHATI-06 6:THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM PHE DEPARTMENT DISPUR GUWAHATI-06 7:THE EXECUTIVE ENGINEER (PHE) MANGALDOI DIVISION MANGALDOI DIST- DARRANG ASSAM PIN-784125 8:THE SUPERINTENDING ENGINEER PHE TEZPUR CIRCLE DIST- SONITPUR ASSAM PIN-784001 9:THE ADDL. CHIEF ENGINEER PHE TEZPUR ZONE TEZPUR DIST- SONITPUR ASSAM PIN-78400 Advocate for the Petitioner : MR P D BHUYAN, MR. A. M. SIDDIQUE,MR. N D BHUYAN Advocate for the Respondent : SC, P H E, Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 03.09.2025 Heard Mr. P. D. Bhuyan, learned counsel for the petitioner and Mr. R. R. Gogoi, learned Standing Counsel, PHED for the respondents. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the outstanding amount of Rs. 45,84,947/- for the following works: (i) Construction of Panbari Habi Muslim Chuba Mini PWSS with Solar Power Operated System (ii) Construction of Jalusbasti Mini PWSS with Solar Power Operated System of Mangaldoi PHE Division under the Programme SWAJAL during 2018-19 (iii) Construction of Barkhat Pachim Chuba Mini PWSS with Solar Power Operated System of Mangaldoi PHE Division under the Programme SWAJAL during 2018-19 (iv) Construction of Charandhara Mini PWSS with Solar Power Operated System of Mangaldoi PHE Division under the Programme (v) Construction of Pub Padukhat Mini PWSS with Solar Power Operated System of Mangaldoi PHE Division under the Programme SWAJAL during 2018-19 Page No.# 4/5 3. Petitioner is a proprietorship firm having its Office at Tangla in the District of Udalguri, BTAD, Assam, who executes contract works under the various Departments of Government of Assam. Vide work orders dated 10.09.2019, 10.09.2019, 09.09.2019, 09.09.2019 and 17.09.2019, the petitioner was awarded the aforesaid works. 4. It is the contention of the petitioner that after execution and completion of the works awarded to the petitioner, the petitioner submitted the bills, to which the respondent had made part payment. However, remaining amount of Rs. 45,84,947/- has not been paid as on date. Therefore, prays for a direction to the respondent authorities to release the admitted above outstanding bill amount to the petitioner. 5. Mr. R. R. Gogoi, learned Standing Counsel, PHED for respondents, submits that the respondent authorities may be directed to verify the claim of the petitioner and if found admitted, same may be directed to pay by following the principle of law laid down by the Full Bench of this Court in the case of Tamser Ali Vs. State of Assam, reported in 2008 (4) GLT 1. 6. Having considered the submissions of learned counsel for the parties and also considering the facts of the present case, I am of the considered view that the writ petition can be disposed of with a direction to the respondent authorities to verify the claim of the petitioner and if the claim of the petitioner is found to be admitted, same may be considered for payment to the petitioner by following the principal of law in Tamser Ali (supra). 7. Accordingly, this writ petition is disposed of with a direction to the Page No.# 5/5 respondent authorities to verify the claim of the petitioner as to whether the amount claimed is admitted or not and if found admitted, same shall be paid to the petitioner by following the principle laid down by the Full Bench of this Court in Tamser Ali (supra). Writ petition stands disposed of in terms above. JUDGE Comparing Assistant