Page No.# 1/5 GAHC010166812024 2025:GAU-AS:9305 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4142/2024 AJIT KR JAIN S/O- LATE BABULAL JAIN , AGED 62 YRS, R/O- HOUSE NO-193, VILLAGE- SRIRAMPUR, SUB DIVISION- GOSSAIGAON, P.O- SRIRAMPUR, P.S- GOSSAIGAON, DIST- KOKRAJHAR, ASSAM, PIN- 783361 VERSUS THE STATE OF ASSAM AND 4 ORS REP. BY THE SECRETARY , PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM 2:THE PRINCIPAL SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM PIN-783370 3:THE SECRETARY BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM PIN-783370 4:THE ADDITIONAL CHIEF SECRETARY (PHE) CUM DIRECTOR (PHED) BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM PIN-783370 5:EXECUTIVE ENGINEER (PHE) Page No.# 2/5 GOSSAIGAON DIVISION GOSSAIGAON ASSAM PIN-78336 Advocate for the petitioner(s) : Mr R Sarmah Advocate for the respondent(s) : Mr R Mushahary, SC, BTC. BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 18.07.2025 1. The instant writ petition is filed by the Petitioner challenging the inaction on the part of the Respondent Authorities in releasing the dues to which the Petitioner is entitled to, upon completion of the work allotted to him by the Additional Chief Engineer (PHE) –cum- Director, PHED, BTC, Kokrajhar. 2. The case of the Petitioner herein is that the Public Health Engineering Department (hereinafter, for short, ‘PHED’, BTC, Kokrajhar, Assam had floated a tender for improvement of Mallikapur PWSS, under Gossaigaon (PHE) Division under SOPD, 2019-20, and accordingly, administrative approval was granted vide letter bearing No. BTC/PHE-5/2017/Pt.III/2018/3 dated 18.07.2019, for an amount not exceeding Rs. 19,45,000/-, only for the said work. Thereafter, Technical Sanction bearing No. DIR/ PHED/KOR/TC-4 (Pt-II)/2019-20/2264 dated 16.09.2019, was also accorded for the said work, amounting to Rs. 19,26,223/-. Pursuant to the aforesaid tender, the petitioner being eligible had duly participated and thereafter on being a successful bidder, the petitioner was issued a preliminary work order being PWO No. DIR/ PHED/KOR/TC- 6(C)/Pt-II/2019-20/3042 dated 06.11.2019, whereby contract was executed between the petitioner and the respondent authority in Form F-2, bearing Tender Agreement No. 167 of 2019-20 for the said work. Thereafter, a Formal Work Order bearing No. DIR/PHED/ KOR/TC-6(C)Pt-II/2019-20/3075 dated 06.11.2019, was issued by the Additional Chief Page No.# 3/5 Engineer (PHE) –cum- Director, PHED, BTC, Kokrajhar, in favour of the petitioner for carrying out work of “Improvement of Mallikapur PWSS under Gossaigaon (PHE) Division under SOPD, 2019-20”. Accordingly, the petitioner carried out the allotted work and after successful completion of the said work on 18.11.2020, the petitioner duly handed over the work to the concerned authorities. 3. The learned counsel appearing on behalf of the petitioner submits that thereafter, the Executive Engineer (PHE), Gossaigaon Division, Gossaigaon, as per procedure, issued a letter to the Additional Chief Engineer (PHE)-cum-Director, PHED, BTC, Kokrajhar, whereby a balance demand of fund for the works for the aforesaid tender, amounting to Rs. 12,78,669/-, was submitted. Upon receipt of the said demand, the Additional Chief Engineer (PHE)-cum-Director, PHED, BTC, Kokrajhar issued a letter bearing No. DIR/PHED/KOR/DEM-4 (A)/2019-20/2906, dated 22.04.2021, to the Secretary, PHED, BTC, Kokrajhar, whereby the balance demand of fund for the works for the aforesaid tender, amounting to Rs. 12,78,669/-, was forwarded, as submitted by the Executive Engineer. 4. The learned counsel for the petitioner further submitted that an amount of Rs. 5,63,489/- only had been sanctioned vide No. BTC/PHE-T/Pt-III/2018/12 dated 22.03.2021, which has been utilized by the petitioner, against the said scheme, i.e., for improvement of Mallikapur PWSS under Gossaigaon (PHE) Division under SOPD, 2019-20, for which it was sanctioned. The same is evident from the utilization certificate, which is signed by the Executive Engineer (PHE), Gossaigaon Division, Gossaigaon, and co-signed by the Accounts Officer, Gossaigaon PHE Division, Gossaigaon, attached therewith in the aforesaid letter dated 22.04.2021. Therefore, now the balance demand of Rs. 12,78,669/- only has been made, which is the admitted amount due and payable to the petitioner for the works executed by him, pursuant to the said tender, as indicated from the bills attached therewith in the aforesaid letter dated 22.04.2021. Page No.# 4/5 5. The learned counsel for the petitioner further submitted that in spite of the aforesaid letter dated 22.04.2021, no amount has been released by the Secretary, PHED, BTC, Kokrajhar, till date and hence, no payment has been received by the petitioner till date, in respect to the remaining amount of Rs. 12,78,669/-only, which are the admitted dues payable to the petitioner. The learned counsel submitted that the respondent authorities, in a very illegal and arbitrary manner, have withheld the aforesaid outstanding dues payable to the petitioner, against the work executed by him, in respect of- “Improvement of Mallikapur PWSS under Gossaigaon (PHE) Division under SOPD, 2019-20.” The petitioner also made several verbal communications and reminders seeking clearance of the aforesaid outstanding dues. Further to that, the petitioner also submitted written formal representations dated 13.06.2024 and 18.06.2024, before the respondent No. 5 and respondent No. 4, respectively, demanding the payment of his outstanding dues, as mentioned in the above paragraphs. However, no response has been received till date nor any effort is being made to clear the outstanding dues, in spite of the same being admitted amount due and payable to the petitioner. Hence, it is on account of the non- payment of the dues, the petitioner has approached this Court by filing this writ petition. 6. Mr R Mushahary, the learned counsel appearing on behalf of the respondent Nos. 2 and 5, submits that there is no denial to the fact that the work in question was issued to the petitioner. The learned counsel for the respondents, however, submitted that the entitlement of the petitioner would be dependent upon the verification to be carried out by the respondent authorities. 7. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had completed the work in question, the petitioner would be entitled to the amount as claimed. However, for the same, verification on the part of the respondent authorities would be required. 8. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- Page No.# 5/5 i) the Respondent Authorities shall verify, as to whether the Petitioner had successfully executed the work in respect of-“Improvement of Mallikapur PWSS under Gossaigaon (PHE) Division under SOPD, 2019-20”, as per the allotment of the work; ii) the Respondent Authorities shall also verify, as to whether the Petitioner had submitted the requisite documents, which are required for the purpose of releasing the outstanding amount, as claimed by the petitioner; iii) the Respondent Authorities shall also verify the entitlement of the Petitioner, to the outstanding dues, and if upon verification, it is found that the Petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the Petitioner; and iv) the said exercise be completed within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the Principal Secretary, BTC, Kokrajhar. JUDGE Comparing Assistant