NIPUL KALITA v. THE BODOLAND TERRITORIAL COUNCIL AND 3 ORS
WP(C)/3328/2023 · 2025-09-09
Devashis Baruah
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 13909 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13909 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010123892023
2025:GAU-AS:12336
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3328/2023 NIPUL KALITA S/O SRI SARAT KALITA, VILL. AND P.O.- SONDHA, P.S. AND DIST.- NALBARI, ASSAM- 781337. VERSUS THE BODOLAND TERRITORIAL COUNCIL AND 3 ORS REPRESENTED BY ITS PRINCIPAL SECRETARY, KOKRAJHAR, BTC, ASSAM- 783370. 2:THE ADDITIONAL CHIEF ENGINEER PUBLIC WORKS DEPARTMENT BTC KOKRAJHAR ASSAM- 783370. 3:THE ASSISTANT EXECUTIVE ENGINEER MUSHALPUR (R AND B) DIVISION MUSHALPUR BTC ASSAM- 781372. 4:THE MISSION DIRECTOR RASHTRIYA MADHYAMIK SHIKSHA ABHIYAN ASSAM KAHILIPARA GUWAHATI- 781019
Page No.# 2/4 Advocate for the petitioner(s): Mr. S Hoque
Advocate for the respondent(s): Mr. P Nayak Addl. Advocate, General, Assam & Standing Counsel, BTC
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER 10.09.2025
Heard Mr. S Hoque, the learned counsel appearing on behalf of the petitioner. Also heard Mr. P Nayak, the learned Additional Advocate General, Assam, who is also the Standing Counsel, BTC. 2. The instant writ petition has been filed by the Petitioner challenging the inaction on the part of the Respondent Authorities in releasing the outstanding bill amounting to Rs.19,97,228/- to which the Petitioner is entitled to in respect of the work pertaining to “Additional work of 100 bedded Girls Hostel at Tamulpur Girls High School Campus under RMSA, Assam for 2015-16”. 3. The case of the Petitioner herein is that the petitioner was issued notice to proceed with the aforesaid contract work by the Addl. Chief Engineer, PWD, BTC Kokrajhar vide his letter dated 07.01.2016 by entering into an agreement. On 02.02.2016, the petitioner was issued technical sanction against the said work. 4. It is the case of the petitioner that pursuant to the technical sanction being
Page No.# 3/4 issued, the petitioner duly completed the work allotted to him and the same was completed on 08.01.2018 to the satisfaction of all concerned. Thereafter, the Executive Engineer, PWD, Mushalpur (R & B) Division, Mushalpur had duly issued a completion report on 07.05.2019 against the work completed by the petitioner showing the present bill value at Rs.19,97,228/-. The petitioner’s grievance is that inspite of successfully completing the work to the satisfaction of the respondent authorities and the requisite bill having been submitted before the authorities on 15.05.2019 along with the required particulars, till date, the amount due to the petitioner has not been released. 5.
Though the petitioner had made representation for release of the aforesaid outstanding dues, but the same has not yielded any result. Consequently, finding no other alternatives, the petitioner has approached this Court by way of the instant writ petition. 6. Mr. P Nayak, the learned Standing Counsel, BTC submitted that there is no denial to the fact that the work in question was issued to the Petitioner. The learned Standing Counsel, however, submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities. 7. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioner had completed the above-mentioned works, the Petitioner would be entitled to the amount. However, for the same, verification on the part of the Respondent Authorities would be required. 8. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- i) The Respondent Authorities shall verify as to whether the
Page No.# 4/4 petitioner had successfully executed the work, i.e. Additional work of 100 bedded Girls Hostel at Tamulpur Girls High School Campus under RMSA, Assam for 2015-16. ii) The Respondent Authorities shall also verify as to whether the petitioner had submitted the requisite documents which are required for the purpose of releasing the outstanding amount as claimed by the petitioner. iii) The Respondent Authorities shall also verify the entitlement of the petitioner to the outstanding dues, and if upon verification in the manner stated above, it is found that the petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the petitioner. iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent authorities, more particularly, the respondent No.1, i.e. the Principal Secretary, Kokrajhar, BTC, Assam. JUDGE Comparing Assistant