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2025 DAILYLAW 12507 (GAU)

SMT REENA CHOUDHURY v. THE STATE OF ASSAM AND 7 ORS

WP(C)/2685/2025 · 2025-08-28

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010103492025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2685/2025 SMT REENA CHOUDHURY W/O- HEMANTA KR. CHOUDHURY, R/O- HOUSE NO. 02, GEETA PATHSALA PATH, BORSOJAI, P.O.- SAUKUCHI, P.S.-BASISTHA, DIST.- KAMRUP (M), ASSAM, PIN NO.- 781034. VERSUS THE STATE OF ASSAM AND 7 ORS (REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT (P.H.E.D), BLOCK-B, ASSAM SACHIVALAYA, DISPUR, GUWAHATI-6. 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING (P.H.E.) WATER ASSAM HENGRABARI GUWAHATI- 36. 3:THE SUPERINTENDING ENGINEER (P.H.E.) GUWAHATI CIRCLE P.O. BAMUNIMAIDAM GUWAHATI- 21 ASSAM. 4:THE EXECUTIVE ENGINEER (P.H.E) GUWAHATI DIVISION NO. II GUWAHATI- 21 ASSAM. 5:THE ASSISTANT EXECUTIVE ENGINEER (P.H.E.) Page No.# 2/3 GUWAHATI DIVISION NO. II GUWAHATI- 21 ASSAM. 6:THE ACCOUNTS OFFICER (PHE) GUWAHATI DIVISION NO. II GUWAHATI- 21 ASSAM. 7:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM ASSAM SACHIVALAYA DISPUR GUWAHATI- 6. 8:THE FINANCE COMMISSIONER FINANCE DEPARTMENT GOVT. OF ASSAM ASSAM SACHIVALAYA DISPUR GUWAHATI- Advocate for the Petitioner : MR. S SARMA, MR. C CHAKRAVARTY,S J KALITA,MR D DAS,B SAHA,MR B P SARMAH Advocate for the Respondent : SC, P H E, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 29.08.2025 Heard Mr. S. Sarma, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned standing counsel, PHE appearing for the respondents. This application is filed seeking a direction to the respondent authorities to release the outstanding dues of the petitioner amounting to Rs.6,84,023/- (Rupees six lakh eighty four thousand twenty three only)for execution of various works executed by the petitioner under the Department of PHED, Govt. of Assam. Page No.# 3/3 The petitioner is a Class-II category registered contractor. The petitioner was awarded various works by way of work orders, which are as follows:- a) repairing, fitting, fixing of new GI pipe for supply of drinking water from main pipe line to back side of qusrtre at eastern part of HHC b) renovation of existing M.S. scraper of clearifloculator of Panbazar WTP c) removing of silt deposition & clear of 4 lakh litres capacity for repairing of floculator unit of Panbazar WTP. It is the contention of the petitioner that she has executed the above works to the satisfaction of the respondent authorities. However, the total outstanding amount of Rs.6,84,023/-has not been released as yet despite repeated approaches and therefore, prayed for a direction to the respondent authorities to release the admitted outstanding amount of Rs.6,84,023/-to the petitioner. Mr. I. Borthakur, learned Standing Counsel, PHED fairly submits that the writ petition may be disposed of with a direction to the respondents to verify the claim of the petitioner and to make payment in the event the claim of the petitioner is admitted. Having considered the submissions of the learned counsel for the parties, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to verify the claim of the petitioner and in the event, the claim of the petitioner is found admitted, the same may be paid to the petitioner. Accordingly, it is directed that the respondent authorities particularly, the Chief Engineer (Water), PHED shall verify the claim of the petitioner within a period of 1 (one) month from today and in the event, the claim of the petitioner is found admitted, the same shall be released to the petitioner within a period of another 2 (two) months thereafter. Writ petition stands disposed of. JUDGE Comparing Assistant