Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010166792024
2025:GAU-AS:9980
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4143/2024 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) GOSSAIGAON DIVISION GOSSAIGAON
Page No.# 2/3 ASSAM PIN-78336
Advocate for the petitioner(s): Mr. R Sarmah
Advocate for the respondent(s): Mr. RK Musahary Standing Counsel, BTC B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER 30.07.2025
Heard Mr. R Sarmah, the learned counsel appearing on behalf of the petitioner. Mr. RK Musahary, the learned Standing Counsel who appears on behalf of the BTC. 2. The instant writ petition has been filed by the Petitioner challenging the inaction on the part of the Respondent Authorities in releasing the unpaid bill amounting to Rs.19,39,003/- to which the Petitioner claims to be entitled to in respect of the work order allotted to him for restoration of Sapkata PWSS under Gossaigaon (PHE) Division under SOPD, 2019-20. 3. The case of the Petitioner herein is that the Petitioner duly completed the work in pursuance to the work order dated 07.03.2020, which fact has been admitted by the respondent authorities, and, accordingly handing over and taking over certificate was issued. However, inspite of the petitioner submitting the final bills before the respondent authorities for release of the outstanding
Page No.# 3/3 dues amounting to Rs.19,39,003/- the amount has not been released till date. The petitioner had made several representations before the appropriate authorities from time to time for release of the aforesaid outstanding dues, but the same has not yielded any result. Consequently, finding no other alternatives, the petitioner has approached this Court by way of the instant writ petition. 4. Mr. RK Musahary, the learned counsel appearing on behalf of the BTC submits that though opportunities have been granted by this Court to file the affidavit, but as per his instruction(s), the respondents would not like to file an affidavit, but rather places the documents whereby the Additional Chief Engineer (PHE)-Cum-Director, PHED, BTC Kokrajhar had duly admitted the claim made by the petitioner in the writ petition. The said documents are kept on record and marked with the letter ‘X’. 5. Upon perusal of the materials on record, this Court is of the opinion that as the respondents are duly satisfied with the work and admits to the amount claimed by the petitioner, after due verification, the petitioner is entitled to a writ in the nature of mandamus, directing the respondents to pay the admitted due to the petitioner. Accordingly, this Court directs the respondents to pay to the petitioner the amount of Rs.19,39,003/- or such amount after making the statutory deductions, if so required, within a period of 6(six) months from the date a certified copy of this order is served upon the Principal Secretary, BTC. 6.
With above observations and directions, the instant writ petition stands
disposed of. JUDGE Comparing Assistant