Page No.# 1/4 GAHC010196082021 2025:GAU-AS:12564 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6200/2021 JABA BRAHMA C/O. GAUTAM BRAHMA VILL. TENGAPARA WARD NO.5 P.O. KOKRAJHAR DIST. KOKRAJHAR ASSAM PIN-783370. VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM URBAN DEVELOPMENT DEPTT. DISPUR ASSAM-781006. 2:THE DIRECTOR TOWN AND COUNTRY PLANNING DISPUR GUWAHATI ASSAM-781006. 3:THE PRINCIPAL SECRETARY TO THE HON/BLE EXECUTIVE MEMBER URBAN DEVELOPMENT DEPTT. BODOLAND TERRITORIAL REGION KOKRAJHAR ASSAM-783370. 4:THE SECRETARY CUM NODAL OFFICER Page No.# 2/4 ( 5TH ASSAM STATE FINANCE COMMISSION ) BODOLAND TERRITORIAL REGION KOKRAJHAR ASSAM-783370. 5:THE SECRETARY URBAN DEVELOPMENT DEPTT. BODOLAND TERRITORIAL REGION KOKRAJHAR ASSAM-783370. 6:THE CHD URBAN DEVELOPMENT DEPTT. BODOLAND TERRITORIAL REGION KOKRAJHAR ASSAM-783370. 7:THE DEPUTY DIRECTOR TOWN AND COUNTRY PLANNING DISTRICT OFFICE KOKRAJHAR ASSAM-783370. 8:THE ASSTT. DIRECTOR TOEN AND COUNTRY PLANNING DISTRICT OFFICE KOKRAJHAR ASSAM-783370. 9:THE CHAIRMAN BASUGAON MUNICIPAL BOARD BASUGAON ASSAM-783372. ------------ Advocate for : MR W R MEDHI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 8 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 15-09-2025 Heard Mr. A. V. Singh, learned counsel for the petitioner. Also heard Mr. R. K. Mushahary, learned Standing Counsel, BTC, for the respondents. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities for payment of the admitted outstanding bill amount of Rs. 50,00,000/- (Rupees Fifty Lakhs) only to the petitioner for the work of supply and installation of LED Street Light at Basugaon Town Area. 3. It is the case of the petitioner that pursuant to the tender dated 04.01.2020 issued by the CHD, Urban Development Department, BTC Kokrajhar, for supply and installation of LED Street Light at Basugaon Town Area under 5th AFSC for the year 2019-20, the petitioner was issued with the work order dated 21.01.2020 for the supply and installation of LED Street Light at Basugaon Town Area for a total price of Rs. 50,00,000/- (Rupees Fifty Lakhs) only. Accordingly, the petitioner executed the work in terms of the work order. 4. Mr. Singh, learned counsel for the petitioner submits that despite the satisfactory execution of the work in terms of the work order issued by the respondent authorities, the respondent authorities have failed to pay the admitted outstanding amount of Rs. 50,00,000/- (Rupees Fifty Lakhs) only to the petitioner despite several approaches. Therefore, he submits that the respondent authorities may be directed to pay the admitted outstanding amount of Rs. 50,00,000/- (Rupees Fifty Lakhs) only to the petitioner. 5. Mr. Mushahary, learned Standing Counsel, BTC, submits that although the respondents have not admitted the claim of the petitioner, the payment to the contractor are subject to fund release by the competent authorities and the Page No.# 4/4 Government of Assam to the BTC authorities. He submits that the BTC authorities had decided to conduct an inquiry into the supply items provided by contractors including the writ petitioner and the report of the Committee has to be submitted within 3(three) months from the date of constitution of the Committee, in view of the fact that there are many claims by the contractors for the works pertaining to 5th Assam State Finance Commission for the year 2019- 2020. The BTC Authority has already constituted a Committee by a Notification dated 05.09.2025, whereby, one Shri Ashwini Doley, ACS Secretary, BTC Kokrajhar has been appointed as Inquiry Officer in order to inquire into the claims of the contractual payment pertaining to the writ petitions including the present writ petition. Therefore, he submits that in view of the appointment of Inquiry Officer, it would be appropriate to complete the process of inquiry by the BTC authority. 6. Having considered that the BTC authority has issued a Notification dated 05.09.2025, appointing an Inquiry Officer to inquire into the claims of the contractual payment pertaining to the writ petitions including the present writ petition, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to expedite the inquiry as notified and verify the claims of the petitioner. Accordingly, it is provided that the BTC authorities shall expedite the inquiry and also verify the claims of the petitioner within a period of 4(four) months from today. In the event, if the claim amount of the petitioner is found be admitted, same shall be released to the petitioner following the principles laid down in the Full Bench decision in Tamsher Ali Vs. State of Assam, reported in 2008(4) GLT 1. 7. Writ petition, accordingly, stands disposed of. JUDGE Comparing Assistant