Page No.# 1/4 GAHC010142702020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4268/2020 M/S RHINO CONSTRUCTION REPRESENTED BY ITS PROPRIETOR SUKHEN MAZUMDAR AGE 62 S/O LATE SADANANDA MAZUMDAR, RESIDENT OF TENGAPANI ROAD, NEAR MAKUM JUNCTION, PO MAKUM, DIST TINSUKIA, ASSAM VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF INDIA, RAILWAY DEPARTMENT, NEW DELHI 110001 2:THE GENERAL MANAGER NF RAILWAY MALIGAON GUWAHATI 11 PO MALIGAON DIST KAMRUP M ASSAM 781011 3:THE DIVISIONAL RAILWAY MANAGER (S AND T ) TINSUKIA TINSUKIA ASSAM 786125 4:THE SENIOR DIVISIONAL SIGNAL AND TELECOMMUNICATION ENGINEER (TC) DIVISIONAL RAILWAY MANAGER MANAGER OFFICE TINSUKIA ASSAM. 78612 Page No.# 2/4 Advocate for the Petitioner : MR. S ISLAM, MR B K MISHRA,MR A HAWARI Advocate for the Respondent : SC, RAILWAY, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 02.06.2025 Heard Mr. S. Islam, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Standing Counsel, NF Railway. This writ petition has been filed seeking direction for releasing the contractual bill amount of the petitioner. The brief facts of the case is that the petitioner is an empanel contractor of N.F. Railway. In the year 2018, the Railway authorities issued NIT for the work S & T in connection with extension of ballast siding at Namrup Railway Station, wherein the petitioner participated in the tender process and upon being selected, he entered into an agreement with the respondent No. 3 for the said work. Thereafter, the petitioner supplied the materials and completed the work as enumerated in serial No. 62 and 63 of the agreement dated 16.08.2018. Thereafter, the petitioner submitted the bills before the respondent authorities amounting to Rs. 28,78,728/-. However, the same was not released, for which the present writ petition has been filed. Today, when the matter has been called, Mr. B. Sarma, learned Standing Counsel, NF Railway placed the instruction dated 02.06.2025 received from the office of the N.F. Railway, Tinsukia to the effect that there is no any liabilities pending with the Railway against the petitioner contractor. Page No.# 3/4 A copy of the aforesaid instruction placed by Mr. B. Sarma, learned Standing Counsel, NF Railway is kept on record and marked as ‘X’. A perusal of the aforesaid instruction further indicates that the payments made to the petitioner are as under:- “Name of work: S&T work in connection with extension of ballast siding at Namrup Station. Name of Contractor: M/s Rhino Constructions, Tinsukia. CA No.N-2017-18-TSK-T-45(CA)/199 dtd 16.08.2018. Work completed on 15.11.2021. Final bill of Rs. 23,39,302/- has been passed on 05.07.2022 vide BR no. S&T/TSK/272 dtd 05.07.2022. PG amounting to Rs. 2,08,837/- released on 12.09.2022. SD & EMD amount to Rs. 2,26,186/- released on 23.01.2023. There is no liabilities are remained for this work.” Thus, it is apparent that there is no dues pending in relation to the subject bills. Hence, nothing survives for adjudication in the present writ petition. Page No.# 4/4 Accordingly, the writ petition stands dismissed, on being infructuous. JUDGE Comparing Assistant