Page No.# 1/5 GAHC010185222024 2025:GAU-AS:12121 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4637/2024 UPEN BORO R/O- VILL. JALUKBARI, P.O. TANGLA, DIST. UDALGURI, BTR, ASSAM VERSUS THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM, PWD, DEPARTMENT, DISPUR, GUWAHATI-06 2:THE STATE FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-37 3:THE SECRETARY BODOLAND TERRITORIAL COUNCIL BODOFA NWGWR KOKRAJHAR P.O. AND DIST.- KOKRAJHAR BTR ASSAM PIN- 783370 4:THE JOINT SECRETARY BTC KOKRAJHAR P.O. AND DIST.- KOKRAJHAR BTR ASSAM PIN- 783370 5:THE SUPERINTENDING ENGINEER Page No.# 2/5 PWD (R AND B) CIRCLE BTC KOKRAJHAR P.O. AND DIST.- KOKRAJHAR BTR ASSAM PIN- 783370 6:THE EXECUTIVE ENGINEER DRDA UDALGURI P.O. AND DIST.- UDALGURI BTR ASSAM PIN- 784509 7:THE DEPUTY COMMISSIONER UDALGURI P.O. AND DIST.- UDALGURI BTR ASSAM PIN- 784509 8:THE BLOCK DEVELOPMENT OFFICER UDALGURI DEV. BLOCK P.O. AND DIST. UDALGURI BTR ASSAM PIN- 784509 9:THE JUNIOR ENGINEER UDALGURI DEV. BLOCK P.O. AND DIST. UDALGURI BTR ASSAM PIN- 78450 Advocate for the Petitioner : MR. N ALAM R K, Advocate for the Respondent : SC, PWD ROAD, MR. A RAHMAN,GA, ASSAM,SC, BTC,SC, FINANCE Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 05.09.2025 Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Ms. P. Hazarika, learned counsel appearing on behalf of Mr. R. K. Musahary, learned Standing Counsel, BTC. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the admitted contractual amount of Rs. 20,00,000/- for the work executed in connection with the construction of CC Pavement Road from Hatigarh Market to Beherbari Village under CD Fund. 3. It is the contention of the petitioner that pursuant to the order dated 29.05.2023, passed by this Court in WP(C) No. 5272/2021, the respondents have verified the claim of the petitioner thereby admitting the liability of payment to the petitioner. To that effect, an order dated 24.01.2024 has been issued by the Secretary, BTC, whereby, while admitting the claim of the petitioner, it is observed that no fund is available for disbursement of outstanding liabilities and has decided that as and when fund will be available, Page No.# 4/5 payment shall be made to the petitioner. However, even after lapse of more than a year, the respondent authorities have not released the admitted amount of Rs. 20,00,000/- to the petitioner. 4. Ms. P. Hazarika, learned counsel appearing on behalf of respondent/BTC, on instruction, submits that the writ petition can be disposed of with a direction to the respondent authorities to release the admitted outstanding amount claimed by the petitioner by granting reasonable time to the respondents. 5. The petitioner has approached this Court by filing the WP(C) No. 5272/2021 and this Court vide order dated 29.05.2023 has disposed of the writ petition with a direction to the respondents/BTC to make necessary verification and upon such verification, if it is found that the petitioner has completed the work, the amount claimed by the petitioner shall be paid. 6. Vide order dated 24.01.2024, the respondent authorities have verified the claim of the petitioner in terms of the order of this Court dated 29.05.2023, passed in WP(C) No. 5272/2021, and found the petitioner to be entitled to payment of Rs. 20,00,000/-. However, it has been decided that as and when the fund is available, the outstanding amount of the petitioner shall be paid. 7. Considering that the amount claimed by the petitioner is undisputed and admitted by the respondent authorities and the same has not been released only on the ground of non-availability of fund, which could not be a ground to withheld the rightful entitlement of the petitioner, I deem it appropriate to allow this writ petition with a direction to the respondent authorities to release the admitted outstanding amount of Rs. 20,00,000/- to the petitioner within a Page No.# 5/5 reasonable period of time. 8. Accordingly, the respondent authorities are directed to release the admitted outstanding amount of Rs. 20,00,000/- to the petitioner within a period of 4 (four) months from the date of receipt of certified copy of this order. 9. Writ petition stands disposed of in terms above. JUDGE Comparing Assistant