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2025 DAILYLAW 17675 (GAU)

M/S D KUMAR AND COMPANY AND ANR v. THE STATE OF ASSAM AND 5 ORS

WP(C)/4541/2024 · 2025-08-26

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010181172024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4541/2024 M/S D KUMAR AND COMPANY AND ANR REP. BY ITS MARKETING HEAD, ALOK DAS , WITH ITS REGD. OFFICES AT 4A MAYUR GARDEN, ABC, G.S ROAD, GUWAHATI-05, KAMRUP (M), ASSAM 2: ALOK DAS S/O- ASHOK KUMAR DAS R/O- LACHIT GARH PATH GARCHUK GUWAHATI-35 KAMRUP METRO ASSA VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR, GUWAHATI, DISTRICT- KAMRUP(M), ASSAM, PIN- 781006. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI DISTRICT- KAMRUP(M) ASSAM PIN- 781006. 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI DISTRICT- KAMRUP(M) ASSAM Page No.# 2/3 PIN- 781006. 4:THE CHIEF ENGINEER (WATER) PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI-36 5:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT UPPER ASSAM ZONE GUWAHATI-21 6:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT JORHAT DIVISION JORHAT-78500 Advocate for the Petitioner : MR. M SARMA, Advocate for the Respondent : SC, P H E, SC, FINANCE BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 27-08-2025 Heard Mr. M. Sarma, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned standing counsel, PHE appearing for the respondents. 2. Claim made in this petition is for release of an outstanding dues to the petitioner amounting to Rs.2,15,000/- on account of Supply, Delivery and Installation of two number of standalone community water purification plant (CWPP) with specific features under Jal Jeevan Mission issued by the respondent No.4 under Jorhat Division, Jorhat. 3. The petitioner is a partnership firm incorporated having its registered offices at 4A, Mayur Garden, ABC, G.S. Road, Guwahati, Kamrup(M). Page No.# 3/3 4. Pursuant to the tender notice initiated by the respondent authorities, the petitioner was awarded with work order for Supply, Delivery and Installation of two number of standalone community water purification plant (CWPP) with specific features under Jal Jeevan Mission. 5. It is contended by the learned counsel for the petitioner that the petitioner has executed the work of Supply, Delivery and Installation of two number of standalone community water purification plant (CWPP) to the satisfaction of the concerned authorities. The respondent authorities have made part payment. However, the outstanding amount of Rs.2,15,000/- has not been released as yet. 6 Mr. R.R. Gogoi, learned Standing Counsel on instruction submits that the amount of Rs.2,15,000/- as claimed by the petitioner is found to be admitted amount. However, for release of the said amount, a considerable time may be required to process the same and therefore, prays for 3 (three) months’ time to release the said amount. 7. Having considered that the amount of Rs.2,15,000/- claimed by the petitioner is clearly admitted by the respondent authorities, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to make payment of the said admitted amount. 8. Accordingly, the writ petition stands disposed of with a direction to the respondent No.6 to release the admitted amount of Rs.2,15,000/- to the petitioner within a period of 3 (three) months from the date of receipt of the certified copy of this order. With the above observation and direction, the writ petition stands disposed of. JUDGE Comparing Assistant