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2025 DAILYLAW 15126 (GAU)

M/S STERLING ASSOCIATE v. THE STATE OF ASSAM AND 4 ORS

WP(C)/3595/2024 · 2025-05-18

Michael Zothankhuma

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010141152024 2025:GAU-AS:6266 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3595/2024 M/S STERLING ASSOCIATE A PROPRIETORSHIP FIRM HAVING OFFICE AT 5B, CHARU AWAAS, OPP. RENAULT SERVICE CENTRE, BONDA, NARENGI, GUWAHATI, ASSAM- 781026, DULY REPRESENTED BY ITS PROPRIETOR, NASIM AHMED, AGED ABOUT 63 YEARS, SON OF LATE NASHIUR REHMAN. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE ADDITIONAL CHIEF PUBLIC HEALTH ENGINEERING (PHE) DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006. 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING (PHE) DEPARTMENT GOVT. OF ASSAM LICHUBAGAN HENGRABARI ROAD HENGRABARI GUWAHATI- 781036 ASSAM. 3:THE KARBI ANGLONG AUTONOMOUS COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY K A A C SECRETARIAT DIPHU- 782460 Page No.# 2/4 KARBI ANGLONG DISTRICT ASSAM. 4:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING (PHE) KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU- 782460 KARBI ANGLONG DISTRICT ASSAM. 5:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING (PHE) DEPARTMENT DIPHU (RURAL) W/S DIVISION KARBI ANGLONG AUTONOMOUS COUNCIL DIPHU- 782460 KARBI ANGLONG DISTRICT ASSAM Advocate for the Petitioner : MRS. R BORAH, Advocate for the Respondent : SC, P H E, SC, K A A C BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 19.05.2025 Heard Mrs. R. Borah, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned counsel for the PHE Department. Ms. V. Shohe, learned counsel appears on behalf of Ms. J. Chutia, learned counsel for the respondent Nos.3, 4 & 5. 2. The petitioner’s case is that the petitioner has not been paid all his contractual dues against the following work orders:- Page No.# 3/4 3. The petitioner’s counsel submits that the present writ petition may be disposed of with a direction to the respondents, to pay the remaining contractual dues payable to the petitioner. 4. Mr. I. Borthakur, learned counsel for the PHE Department submits that the petitioner’s bills may be re-verified by the respondent No.4, in terms of the judgment of the full Bench of this Court in Tamsher Ali and Etc. Etc Vs. State of Assam and Ors , reported in 2008 (4) GLT 1. Thereafter, any amount admitted and still outstanding would be paid by the respondents. 5. On considering the submissions made by the counsels for the parties, the respondent No.4 is directed to verify the amount claimed by the Sl. No. Work Order No. Pending Payment (in Rs.) 1 Addle.CPHE/DIP/WS-29/3029 dated 07.01.2014 10,14,498/- 2 Addle.CPHE/DIP/WS-29/3035 dated 07.01.2014 5,99,410/- 3 Addle.CPHE/DIP/WS-29/5381 dated 24.02.2014. 12,43,305/- Total Amount (in Rs.) 28,57,213/- Page No.# 4/4 petitioner, pursuant to the above three work orders. Thereafter, the respondents would have to pay the outstanding admitted amount to the petitioner. The entire exercise should be concluded within a period of 3(three) months from the date of receipt of a certified copy of this order. 6. The writ petition is accordingly disposed of. JUDGE Comparing Assistant