Page No.# 1/6 GAHC010193422025 2025:GAU-AS:11554 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4977/2025 M/S KHUSHI CONSTRUCTION A PROPRIETORSHIP FIRM HAVING ITS OFFICE AT BAJAJ COMPLEX, N.T. ROAD, WARD NO. 10 NORTH LAKHIMPUR, P.O. AND PS- NORTH LAKHIMPUR, DISTRICT- LAKHIMPUR, ASSAM, REPRESENTED BY ITS SOLE PROPRIETOR SRI VISHAL BAJAJ, 32 YEARS, S/O- RAMESH BAJAJ , R/O- N.T ROAD, WARD NO-1, NORTH LAKHIMPUR, DIST- LAKHIMPUR, ASSAM, PIN-787001 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS (BUILDING AND NATIONAL HIGHWAYS) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (NH WORKS) ASSAM CHANDMARI GUWAHATI-3 3:THE SUPERINTENDING ENGINEER PWD GUWAHATI NH CIRCLE CHANDMARI GUWAHATI-3 4:THE EXECUTIVE ENGINEER PWD NAGAON NH DIVISION NAGAON Page No.# 2/6 ASSAM PIN-782001 5:THE ASSISTANT EXECUTIVE ENGINEER PWD NORTH LAKHIMPUR NH SUB -DIVISION NORTH LAKHIMPUR ASSAM PIN-787001 6:M/S- DRA-TKEE ( A JOINT VENTURE OF DINESH CHANDRA R. AGARWAL INFRACON PVT. LTD. AHMEDABAD AND T.K ENGINEERING ENTEPRISES NAHARLAGUN) C/O- DINESH CHANDRA R. AGARWAL INFRACON PVT. LTD. 401 THE GRAND MALL OPPOSITE STATE BANK ZONAL OFFICE S.M ROAD AMBAWADI AHMEDABAD GUJRAT PIN-380015 HAVING ITS OFFICE AT MODEL VILLAGE NAHARLAGUN ARUNACHAL PRADESH AND PRESENTLY OPERATING FROM GAMES VILLAGE FLAT NO- A3 202 GUWAHATI ASSAM DIST- KAMRUP (M) PIN-781029 REP. BY ITS VP MR. P.K RO Advocate for the Petitioner : MR A CHAKRABORTY, Advocate for the Respondent : SC, P W D, MR. M P SARMA Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 29.08.2025 Heard Mr. A. Chakraborty, learned counsel for the petitioner. Also heard Mr. P. Nayak, learned Additional Advocate General, Assam for respondent Nos. 1 to 5. 2. In view of the order proposed to be passed (infra), this writ petition is taken up for disposal at the motion stage without issuing notice to the respondent No. 6 as the order would not cause any prejudice to the respondent No. 6. 3. By filing this writ petition, the petitioner has prayed for a direction to pay the outstanding amount of Rs. 12,50,00,000/- in respect of the balance work of “Construction of proposed North Lakhimpur By-Pass from existing km 338/924 to km 349/213 of NH-52 in the State of Assam (Job No. 052-AS-2011-12-099)” directly to the bank account of the petitioner as the petitioner has executed the said work as a working partner. 4. The petitioner is a registered firm whose principal place of business is at North Lakhimpur, Assam. Pursuant to an NIT issued in the year 2012 for the aforesaid work, the contract work was awarded in favour of one M/S DRA-TKEE Page No.# 4/6 (joint venture of Dineshchandra R. Agarwal Infracon Pvt. Ltd. and TK Engineering Enterprises), respondent No. 6 herein, for a contract value of Rs. 95,89,14,207/-. The said contract was terminated on 05.08.2020. However, vide communication dated 28.12.2020, the Government of Assam, Public Works (Highway) Department, accepted the proposal for revocation of the termination order in view of the order passed by this Court in WP(C) No. 3214/2020, subject to respondent No. 6 engaging a credible/willing working partner capable of infusing adequate resources into the project with demonstration of satisfactory proportionate progress. In terms of the said communication, a Memorandum of Understanding was entered between the respondent No. 6 and the petitioner on 11.01.2021. 5. Mr. A. Chakraborty, learned counsel for the petitioner, submits that pursuant to the Memorandum of Understanding dated 11.01.2021, the petitioner has executed and completed the balance work of “construction of proposed North Lakhimpur By-Pass from existing km 338/924 to km 349/213 of NH-52 in the State of Assam (Job No. 052-AS-2011-12-099)” and a work completion certificate has also been issued by the Executive Engineer, PWD, Nagaon National Highway Division, Nagaon. He submits that although the petitioner has completed the balance work to the satisfaction of the authorities, the respondents have failed to pay the outstanding amount of Rs. 12,50,00,000/- in favour of the petitioner. Therefore, he submits that a direction may be issued to the respondent authorities to release the payment of said outstanding amount directly to the petitioner. 6. Mr. P. Nayak, learned Additional Advocate General, Assam for the respondents, submits that although the petitioner has completed the balance Page No.# 5/6 work, it is not discernible whether the payment should be directly released to the petitioner or to the main contractor, respondent No. 6 herein, as the petitioner has executed the work as a working partner. Therefore, he submits that the representation filed by the petitioner may be directed to be disposed of by the respondent authorities after hearing both the petitioner and the respondent No. 6 as per the Memorandum of Understanding and the provisions in the contract agreement. 7. Having considered the submissions advanced and taking note of the admitted position that the petitioner has executed the balance work, but the payment has not been released, and also considering that the petitioner is a working partner of the main contractor (respondent No. 6) under the Memorandum of Understanding dated 11.01.2021, I deem it appropriate to dispose of this writ petition with a direction to the respondent authority, particularly the respondent No. 2, to take up and dispose of the representation of the petitioner dated 11.04.2025. 8. 8. Accordingly, writ petition is disposed of with a direction to the respondent authority, particularly the respondent No. 2, to dispose of the representation dated 11.04.2025, submitted by the petitioner, after affording due opportunity of hearing to both the petitioner as well as the respondent No. 6 within a period of 1 (one) month from today. 9. In the event, it is found that the petitioner is entitled to be paid an outstanding amount of Rs. 12,50,00,000/-, in respect of the aforesaid balance work, either directly to the petitioner or through the main contractor, same shall be released accordingly. Page No.# 6/6 Writ petition stands disposed of. JUDGE Comparing Assistant