Page No.# 1/5 GAHC010243212023 2025:GAU-AS:10859 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6623/2023 BINOD BODO AND 2 ORS S/O LATE SOBANON BODO, R/O VILL-DIMALIK RAJI, HAFLONG, P.S.- HAFLONG, DIST-DIMA HASAO, ASSAM, PIN-788819 2: DIMUT HAFLONGBAR S/O LATE LO HAFLONGBAR R/O VILL-DIMALIK RAJI HAFLONG P.S.-HAFLONG DIST-DIMA HASAO ASSAM PIN-788819 3: PRASENJIT JOHARI S/O LOMODOR JOHARI R/O VILL-DIMALIK RAJI HAFLONG P.S.-HAFLONG DIST-DIMA HASAO ASSAM PIN-78881 VERSUS THE STATE OF ASSAM AND 6 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVT. OF ASSAM, PUBLIC WORKS DEPARTMENT, (ROADS AND BUILDING), DISPUR, GUWAHATI-6 2:THE PRINCIPAL SECRETARY DIMA HASAO AUTONOMOUS COUNCIL HAFLONG DIST-DIMA HASAO ASSAM Page No.# 2/5 PIN-788819 3:SUPERINTENDENT ENGINEER PWD (R AND B) HAFLONG CIRCLE HAFLONG DIMA HASAO PIN-788819 4:THE ADDITIONAL CHIEF ENGINEER PWD (R AND B) HAFLONG DIST-DIMA HAAO ASSAM PIN-788819 5:THE EXECUTIVE ENGINEER PWD (ROAD AND BUILDING) HAFLONG DIVISION DIST-DIMA HASAO ASSAM PIN-788831 6:ACCOUNTS OFFICER HAFLONG (PWD) (R AND B) DIVISION HAFLONG DIST-DIMA HASAO ASSAM PIN-788831 7:THE DEPUTY SECRETARY TO THE GOVT. OF ASSAM HILL AREAS DEPARTMENT DISPUR GUWAHATI-78100 For the Petitioner(s) : Mr. B. Baruah, Advocate For the Respondent(s) : Ms. R. Deka, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 13.08.2025 The instant petition has been filed being aggrieved by the inaction on Page No.# 3/5 the part of the respondent authorities in not making payment of the bills of the petitioners. 2. The case of the petitioners herein is that the respondent No.3 i.e. the Superintending Engineer, PWD (R & B), Haflong Circle, Haflong had issued a tender notice for execution of the road works in Construction of Retaining Wall at Demalik Raji Appoach Road under MAC Constituencies Package under NCHAC in Dima Hasao District for the year 2019-20 for a modified tender value of Rs.19,97,538/- and the petitioner No.1 being commensurate with the work experience has been shortlisted for the said tender. 3. The case of the petitioners is that they had successfully completed the works, which were duly inspected and verified by the respondent authorities. Upon being satisfied with the performance of the work, the respondent authorities of PWD (R & B), Haflong Division, issued a completion certificate on 12.11.2020 and, following the routine procedure, finalized the bill payable to petitioner No.1 to the tune of Rs.19,95,426/- 4. The learned counsel for the petitioners submitted that the petitioners had submitted various representations to the respondent authorities for release of the amount however the said amount of Rs.19,95,426/- is still pending, for which the petitioners have approached this Court under Article 226 of the Constitution. 5. Ms. R. Deka, the learned Standing counsel appearing on behalf of Page No.# 4/5 the PWD submits that as to whether the petitioners have 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 petitioners could be ascertained. 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 petitioners have completed the work in accordance with the work orders mentioned hereinabove and thereupon to ascertain the exact amount to which the petitioners are 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 No. 2 to verify the entitlement of the petitioners on the basis of the tender conditions as well as the formal work order which was issued in favour of the petitioners and as to whether the petitioners have completed the work in question and thereupon, after verification if it is found that the petitioners are entitled to any amount, the same should be paid to the petitioner. This Court further observes that any amount paid during the pendency of the present proceedings would be set off at the time of disbursal of the amounts to the petitioners. 8. The said exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the Page No.# 5/5 Respondent No.2. 9. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant