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2025 DAILYLAW 19908 (GAU)

BIDYUT THAKUR v. TIWA AUTONOMOUS COUNCIL AND ANR

WP(C)/5504/2024 · 2025-09-07

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010220272024 2025:GAU-AS:12215 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5504/2024 BIDYUT THAKUR SON OF DULAL THAKUR, RESIDENT OF VILL- NA- BHATI, P.O.- MORIGAON, DIST.- MORIGAON, ASSAM, PIN- 782105. VERSUS TIWA AUTONOMOUS COUNCIL AND ANR MORIGAON, DISTRICT- MORIGAON, PIN- 782105, ASSAM, REPRESENTED BY THE PRINCIPAL SECRETARY. 2:THE PRINCIPAL SECRETARY TIWA AUTONOMOUS COUNCIL MORIGAON DISTRICT- MORIGAON PIN- 782105 ASSAM Advocate for the petitioner(s): Mr. J Singh Advocate for the respondent(s): Ms. H Terangpi Standing Counsel Tiwa Autonomous Council Page No.# 2/4 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 08.09.2025 Heard Mr. J Singh, the learned counsel appearing on behalf of the petitioner. Also heard Ms. H Terangpi, the learned Standing Counsel, Tiwa Autonomous Council. 2. The instant writ petition has been filed by the Petitioner challenging the inaction on the part of the Respondent Authorities in releasing the remaining outstanding bill amounting to Rs.3,60,000/- to which the Petitioner is entitled to in respect of Construction of Road from Monoj Bordoloi house to Gendlelabheti Cremation Ground. 3. The case of the Petitioner herein is that the petitioner being the President of Construction Committee was allotted the aforesaid work at a value of Rs.10,00,000/-. It is the further case of the petitioner that after the work order was allotted to the petitioner, an amount of Rs.6,00,000/- was released as 1st installment to the petitioner and it was agreed that the petitioner would be paid the remaining installment on production of M.B. Vouchers, Utilisation Certificate and photographs one before the start of the scheme, one during the work and one after completion of the scheme with signboard duly signed by the President and the Member Secretary of the Construction Committee. Pursuant to the work order being issued, the petitioner started the construction work allotted to him and the work was completed within the stipulated time. Thereafter, the Page No.# 3/4 petitioner on completion of the work submitted the final contract bill against the aforesaid work for release of the final installment along with the Utilization Certificates and photographs of the work. However till date, the outstanding remaining dues have not been released to the petitioner. 4. Though the petitioner had made several representations from time to time for release of the aforesaid outstanding dues, but the respondent No.2 had declined to pay the same without disclosing any valid reason. Consequently, finding no other alternatives, the petitioner has approached this Court by way of the instant writ petition. 5. Ms. H Terangpi, the learned Standing Counsel, Tiwa Autonomous Council submitted that there is no denial to the fact that the construction work in question was issued to the Petitioner. The learned Standing Counsel, however, submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities. 6. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioner had completed the above-mentioned works, the Petitioner would be entitled to the amount. However, for the same, verification on the part of the Respondent Authorities would be required. 7. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- i) The Respondent Authorities shall verify as to whether the petitioner had successfully executed the work, i.e. Construction of Road from Monoj Bordoloi house to Gendlelabheti Cremation Ground. ii) The Respondent Authorities shall also verify as to whether the petitioner had submitted the requisite documents which are required for the Page No.# 4/4 purpose of releasing the outstanding amount as claimed by the petitioner. iii) The Respondent Authorities shall also verify the entitlement of the petitioner to the outstanding dues, and if upon verification in the manner stated above, it is found that the petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the petitioner. iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.2, i.e. the Principal Secretary, Tiwa Autonomous Council, Morigaon. JUDGE Comparing Assistant