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2025 DAILYLAW 18089 (GAU)

ELECTRICAL TRADE CENTRE, GOLAGHAT v. THE STATE OF ASSAM AND 2 ORS.

WP(C)/5807/2020 · 2025-02-09

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010188262020 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5807/2020 ELECTRICAL TRADE CENTRE, GOLAGHAT REPRESENTED BY ITS PROPRIETOR SAYED ZOFER HUSSAIN, AGED 52 YEARS, S/O LATE SATED MAHMED KAZIM, R/O HINDI SCHOOL ROAD, WARD NO. 3, P.O., P.S. AND DIST-GOLAGHAT, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI, PIN-781006 2:THE CHIEF ENGINEER (PHE) HENGRABARI HEALTH COMPLEX HENGRABARI ROAD LICHUBAGAN HENGRABARI GUWAHATI ASSAM PIN-781036 3:THE EXECUTIVE ENGINEER (PHE) GOLAGHAT DIVISION DIST-GOLAGHAT ASSAM PIN-78562 Advocate for the Petitioner : MR. K BORUAH, MR. M ALOM Advocate for the Respondent : SC, P H E, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER Date : 10.02.2025 Heard Mr. M. Alom, learned counsel for the petitioner. Also heard Mr. D. Gogoi, learned Standing Counsel, Public Health Engineering, Assam. 2. This writ petition has been filed by the petitioner seeking directions from this Court for release of payments in respect of works executed by the petitioner. The Petitioner was awarded with the various works by the Executive Engineer (PHE), Golaghat Division, Golaghat 3. In pursuance to which, the petitioner duly executed all the works allotted and submitted his bills. The bills which were raised remained pending and the amount of Rs. 10,14,603/- (Rupees Ten Lakhs Fourteen Thousand Six Hundred Three Only) is yet to be released. The petitioner represented before the authority requesting for release of his pending dues but no response was forthcoming from the respondent authority. Under such circumstances, left with no alternative, the petitioner has come before this Court praying for a direction for release of the said amount. 4. Having heard the learned counsel for the parties and upon perusal of the pleadings on record, it is seen that the bills have been raised and the amount required to be paid is clearly reflected. Details of work executed are also reflected. 5. Under such circumstances, this Court finds that the works executed and the claims raised by the petitioner are admitted by the department. Therefore it appears that the claims of the petitioner in respect of dues were kept pending Page No.# 3/3 without any justifiable reasons. Accordingly this writ petition is disposed of with a direction to the respondent No. 3, Executive Engineer (PHE), Golaghat Division, District Golaghat, to look into the grievances of the petitioner. The respondent No. 3 will cause necessary verification into the claims of the writ petitioner to be conducted and thereafter, take steps as expeditiously as possible for release of the amount claimed to be pending and required to be paid by the Department. 6. The outstanding dues found if payable after verification will be made to the petitioner will be in terms of the guidelines laid down in Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1, 7. The entire exercise is directed to be completed within a period of 60 days from the date of receipt of the certified copy of this order. 8. Accordingly, the writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant