Page No.# 1/4 GAHC010163432024 2025:GAU-AS:9303 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4125/2024 SAHIL AKHTAR @ SAHIL AHMED S/O- MD. ATOWAR RAHMAN, VILL- KARDDAITOLA, P.O. BHADRA, P.S. NALBAI, DIST.- NALBARI, PIN NO.- 781334, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PWD DEPARTMENT, ASSAM SACHIVALAYA, DISPUR, GUWAHATI-6 2:THE SECRETARY GOVERNMENT OF ASSAM DEPARTMENT OF PWD DISPUR GUWAHATI- 781006 3:THE CHIEF ENGINEER PWD (ROADS) ASSAM CHANDMARI GUWAHATI- 781003 4:THE EXECUTIVE ENGINEER PWRD GOVERNMENT OF ASSAM PUBLIC WORKS (ROADS) DEPARTMENT NALBARI DISTRICT TERRITORIAL ROAD DIVISION NALBARI ASSAM PIN- 781325 Page No.# 2/4 5:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE ASSAM SACHIVALAYA DISPUR GUWAHATI-6 6:THE FINANCE COMMISSIONER FINANCE DEPARTMENT GOVT. OF ASSAM ASSAM SACHIVALAYA DISPUR GUWAHATI- Advocate for the petitioner(s): Mr. N Barman Advocate for the respondent(s): Mr. B Gogoi Additional Advocate, General Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 18.07.2025 Heard Mr. N Barman, learned counsel appearing on behalf of the petitioner. Mr. B Gogoi, the learned Additional Advocate General, Assam who appears on behalf of the respondents. 2. The case of the Petitioner herein is that the Petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not releasing the outstanding amount due to him. The case of the Petitioner herein is that the Page No.# 3/4 Public Works Department had issued an work order in favour of him for ‘Construction of Road from Nalbari Kamarkuchi Road at Mathurasala to Bhadra PHC’ under RIDF-xxi for the year 2015-16 for an amount of Rs.1,71,11,147.00/- vide work Order No.CE/RIDF-XXI/210/2015-16/3 dated 23.02.2016. Thereafter the petitioner had undertaken the works as per the instructions of the department. 3. It is the case of the Petitioner that the Petitioner successfully executed the works and accordingly submitted the bills of Rs. 1,69,96,834/- for the said works. Out of the said amount, the department had made partial payment, however an amount of Rs.27,53,940/- is still due for payment to the petitioner, for which, the Petitioner has approached this Court by way of the instant writ petition. 4. Mr. B Gogoi, the learned Additional Advocate General, Assam appearing on behalf of the PWD submits that as to whether the Petitioner has completed the work in terms with the work orders in question is a subject matter of verification which needs to be carried out by the Respondent Authorities and it is only on the basis of such verification, the actual entitlement of the Petitioner could be ascertained. 5. Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities to verify as to whether the Petitioner has completed the work in accordance with the formal work order mentioned hereinabove and thereupon to ascertain as to whether any amount to which the Petitioner is entitled to, after payment of the amount as stated in the writ petition. Page No.# 4/4 6. Page No.# 4/4 6. It is under such circumstances, this Court, therefore, disposes of the instant writ petition thereby directing the Respondent Authorities to make necessary verification as regards the entitlement of the Petitioner on the basis of the tender conditions as well as the formal work order which were issued in favour of the Petitioner and as to whether the Petitioner has completed the work in question and thereupon, after verification if it is found that the Petitioner is entitled to any remaining amount, the same should be paid to the Petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The verification process be completed within a period of 3 (three) months from the date a certified copy of the instant order is served upon the Respondent No.3 i.e. the Chief Engineer, PWD(Roads) Assam, Guwahati and the payment be made in terms with the directions passed in Tamsher Ali (supra). 7. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant