Page No.# 1/3 GAHC010124492025 2025:GAU-AS:12126 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3296/2025 MANOHAR ANSARI S/O- LATE ABDUL SATTAR ANSARI, R/O-WARD NO 9, RANGAPARA PO- RANGAPARA , P.S-RANGAPARA, DIST- SONITPUR, ASSAM VERSUS THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVT OF ASSAM, PUBLIC WORKS DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-06 2:CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (ROADS) CHANDMARI GUWAHATI 3:EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT SONITPUR RURAL ROADS DIVISION TEZPUR 4:SUPERINTENDING ENGINEER PUBLIC WORKS DEPARTMENT TEZPUR ROAD CIRCLE TEZPU Advocate for the Petitioner : MR. R PHUKAN, Advocate for the Respondent : SC, PWD, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 05-09-2025 Heard Mr. R. Phukan, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Additional Advocate General and Standing Counsel, PWD for all the respondents. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the outstanding bill amount of Rs. 1,33,999/- (Rupees One Lakh Thirty Three Thousand Nine Hundred Ninety Nine) on account of execution of work for “Maintenance & Repairing under Maintenance Fund of ASRB for 2006-07 Punioni Bhalukjaroni Road” under Package No. SON/ASRB/18/Pt-II (Tez). 3. The case of the petitioner is that he is a registered contractor, who executes different contractual works under various Departments of the Government of Assam. He was awarded work for “Maintenance & Repairing under Maintenance Fund of ASRB for 2006-07 Punioni Bhalukjaroni Road” under Package No. SON/ASRB/18/Pt-II (Tez), vide work order dated 29.01.2007. It is contended that the petitioner has executed and completed the above work, for which completion certificate was issued by the Superintending Engineer, PWD, Tezpur Road Circle, Tezpur, certifying that the work has been physically verified and found completed by the petitioner. 4. The learned counsel for the petitioner submits that the petitioner has been paid the part payment of the work executed by him. However, the remaining amount of Rs. 1,33,999/- (Rupees One Lakh Thirty Three Thousand Nine Hundred Ninety Nine) has not been paid to the petitioner despite repeated requests. Therefore, prays for a direction to the respondent authorities to Page No.# 3/3 release the admitted amount of Rs. 1,33,999/- (Rupees One Lakh Thirty Three Thousand Nine Hundred Ninety Nine) to the petitioner. 5. Mr. B. Gogoi, learned Standing Counsel, PWD, fairly submits that the amount claimed by the petitioner is an admitted amount, however, due to non- availability of fund in the said scheme, the payment could not be made to the petitioner. He, however, submits that the respondent authorities may be directed to verify the claim amount and in the event, if it is found admitted, same may be directed to be paid to the petitioner. He also submits that in view of the specific statement with regard to the non-availability of documents, particularly the drawing, the petitioner may be directed to cooperate with the respondents in verification of the claim of the petitioner. 6. Having considered that the amount claimed by the petitioner is not disputed by the respondents and also considering that the denial of the claim of the petitioner is only due to non-availability of fund in the said scheme, I deem it appropriate to dispose of this writ petition with a direction to the respondent authorities to make the payment of the admitted amount of the petitioner, within a reasonable period of time. 7. Accordingly, the respondent authorities are directed to release the outstanding amount of Rs. 1,33,999/- (Rupees One Lakh Thirty Three Thousand Nine Hundred Ninety Nine) to the petitioner, within a period of 4 (months) months from the date of receipt of the certified copy of this order. 8. Writ petition stands disposed of. JUDGE Comparing Assistant