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2025 DAILYLAW 15639 (GAU)

MUSTAFA ZAKIR HUSSAIN v. THE STATE OF ASSAM AND 4 ORS

WP(C)/3857/2024 · 2025-03-02

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010149912024 2025:GAU-AS:2160 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3857/2024 MUSTAFA ZAKIR HUSSAIN S/O- LATE ABDUL ROUB, R/O- VILLAGE LALIPATHAR, P.O- BECHAMARI, P.S- DHING, DIST- NAGAON, ASSAM, PIN-782123 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-06. ASSAM 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT ASSAM HENGRABARI GUWAHATI-36. 3:THE ADDL.CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT UPPER ASSAM ZONE NAGAON ASSAM PIN- 782001 4:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING NAGAON CIRCLE Page No.# 2/3 NAGAON ASSAM PIN-782001 5:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DHING DIVISION DHING NAGAON ASSA Advocate for the Petitioner : MR A HUSSAIN, Advocate for the Respondent : SC, P H E, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 03.03.2025 Heard Mr. A. Hussain, learned counsel for the petitioner. 2. By filing this petition, the petitioner has prayed for a direction to release the admitted contractual bill amounting to Rs. Rs.14,60,011/- (Rupees fourteen lakhs sixty thousand and eleven) for the execution of works of extraction and relaying of distribution pipeline at Patia Pathar PWSS (Group-A), supplying, fitting, fixing and commissioning of clear water distribution main at Balikatia PWSS, extraction and relaying of distribution of pipeline at Rowmari Pam PWSS (Pro-NRDWP) by the Executive Engineer, PHE, Dhing Division, Dhing on 20.07.2022, 11.04.2022, 24.01.2022 and 26.07.2022. 3. Mr. A. Hussain, learned counsel for the petitioner submits that pursuant to the work orders issued by the respondent authorities, the petitioner has executed the said work and submitted a bill amounting to Rs.14,60,011/- (Rupees fourteen lakhs sixty thousand and eleven). He submits that the aforesaid amount of Rs.14,60,011/- is an admitted amount, as the Executive Engineer, PHE, Dhing Division by letter dated 12.03.2024 has submitted the demand for release of the fund to the competent authority. He submits that since the amount claimed by the Page No.# 3/3 petitioner is undisputed, the respondent authorities may be directed to release the said amount. 4. Mr. I. Borthakur, learned Standing Counsel, PHE for the respondents on instruction submits that the amount claimed by the petitioner is not clearly admitted, therefore, he fairly submits that direction may be issued to the respondent No.2, Chief Engineer, PHE, Govt. of Assam to verify and if found admitted, may be directed to release the admitted amount to the petitioner. 5. Having considered the submissions made by the learned counsel for the parties and on perusal of the documents annexed to the writ petition as well as considering that the petitioner was awarded the aforesaid works by the respondent authorities and the same being duly executed by the petitioner, I deem it appropriate to dispose of the writ petition with a direction to the respondents to verify the claim of the petitioner and if found admitted, to release the same to the petitioner. 6. Accordingly, the respondent authorities are directed to verify the claim of the petitioner, and if found admitted, shall release the admitted amount claimed by the petitioner. The verification directed to be carried out be made within a period of 1 (one) month from the date of receipt of the certified copy of this order and if found admitted, the same shall be released to the petitioner within a reasonable period of time, but not later than 3 (three) months thereafter. 7. With the above observations and directions, the writ petition stands disposed of. JUDGE Comparing Assistant