Page No.# 1/4 GAHC010201442024 2025:GAU-AS:10580 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5058/2024 GOTESH HOJAI S/O- SRI GOJENDRA HOJAI, R/O- VILL.- NOBDI BOILA, P.O. AND P.S.- MAIBANG, DIST- DIMA HASAO, ASSAM, PIN- 788831 VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS ROAD DEPARTMENT, DISPUR, GUWAHATI- 06 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06 3:THE PRINCIPAL SECRETARY DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DIMA HASAO ASSAM PIN- 788819 4:THE ADDL. CHIEF ENGINEER PWD (R AND B) HILLS ASSAM HAFLONG PIN- 788819 5:THE SUPERINTENDING ENGINEER Page No.# 2/4 PWD (R AND B) HAFLONG CIRCLE HAFLONG DIST.- DIMA HASAO ASSAM PIN- 788819 6:THE EXECUTIVE ENGINEER P.W.D. (R AND B) MAIBANG DIVISION MAIBANG 78883 For the Petitioner(s) : Mr. H. Talukdar, Advocate For the Respondent(s) : Mr. B. Gogoi, SC, Finance, Addl. AG : Mr. R. M. Das, SC, Dima Hasao : Mr. G. Bokolial, GA, Assam BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 11.08.2025 The instant petition has been filed being aggrieved by the inaction on the part of the respondent authorities in not making payment of the bills of the petitioner. 2. The case of the petitioner herein is that, pursuant to a short Tender Notice dated 12.07.2023, the Executive Engineer, PWD, Maibang (R & B) Division invited tenders for five different works. It is further stated that the petitioner submitted his bid for the work “M & BT of Kalachand Bazar Approach Road (L = 1.60 KM) Estimate II, Chandpur Nagar to Ch. 220 M of D.K. Road (L = 0.60 KM),” listed at Serial No. 2 of the NIT, and was found to be qualified. Accordingly, a preliminary work order was issued to Page No.# 3/4 him vide letter No. EE(M)/TECH/2023-24/1027 dated 27.07.2023, followed by a formal work order for an amount of Rs.31,80,755/- vide order dated 28.07.2023. Thereafter, the petitioner executed an agreement with the Executive Engineer, PWD (R & B), Maibang Division, Maibang. 3. The learned counsel for the petitioner submitted that after executing the agreement, the petitioner started his work and completed the same within the stipulated period of time and in that regard, the Executive Engineer, PWD (R&B) Maibang Division issued work completion certificate showing the present bill valued at Rs.31,80,755/-. 4. The learned counsel for the petitioner further submits that, although the petitioner has submitted his bills for the said work, which have been duly admitted by the respondents, the payment of Rs.31,80,755/- has not yet been released to him. It is the case of the petitioner that the petitioner had submitted various representations to the respondent authorities for release of the amount however the said amount of Rs.31,80,755/- is still pending, for which the petitioner has approached this Court under Article 226 of the Constitution. 5. Mr. R. M. Das, the learned Standing counsel appearing on behalf of the Respondent Nos. 4, 5 and 6 submits that as to whether the petitioner has completed the work in terms with the work order in question is a subject matter of verification which needs to be carried out by the respondent authorities and it is only on the basis of such verification, the actual entitlement of the petitioner could be ascertained. Page No.# 4/4 6. Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the respondent authorities to verify as to whether the petitioner has completed the work in accordance with the work orders mentioned hereinabove and thereupon to ascertain the exact amount to which the petitioner is entitled to, if any. 7. It is under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the respondent authorities more particularly the respondent Nos. 3, 4 and 5 to verify the entitlement of the petitioner on the basis of the tender conditions as well as the formal work order which was issued in favour of the petitioner and as to whether the petitioner has completed the work in question and thereupon, after verification if it is found that the petitioner is entitled to any amount, the same should be paid to the petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the respondent No.4. 8. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant