Page No.# 1/4 GAHC010199992022 2025:GAU-AS:7318 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7794/2022 PANJUPRATIM PATAR S/O. DIPAK PATAR VILL. GOHAIN GAON P.O. JAGIROAD DIST. MORIGAON ASSAM PIN-782105. VERSUS TIWA AUTONOMOUS COUNCIL AND ANR MORIGAON DIST. MORIGAON PIN-782105 ASSAM REP. BY THE PRINCIPAL SECRETARY. 2:THE PRINCIPAL SECRETARY TIWA AUTONOMOUS COUNCIL MORIGAON DIST. MORIGAON PIN-782105 ASSAM. ------------ Advocate for : MR. N J KHATANIAR Advocate for : SC TIWA AUTONOMOUS COUNCIL appearing for TIWA AUTONOMOUS COUNCIL AND ANR Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER Date : 04.06.2025 Heard Mr. N. J. Khataniar, learned counsel, appearing for the petitioner. Also heard Mr. S. Niyogi, learned standing counsel, Tiwa Autonomous Council for the state respondents. 2. By way of this application under Section 226 of the Constitution of India, the writ petitioner is seeking release of the fund due to the petitioner for completing the work of Council for construction of Agril bandh from Sweeper Colony to Rupahi Bilormur with culvert (hereinafter referred to as “subject construction work”), allotted to the construction committee headed by him vide order dated 27.02.2018. 3. The brief facts of the case are that the petitioner being the President of the construction committee set up by the Tiwa Autonomous Council, for the purpose of undertaking and completing construction projects was allotted the subject construction work and the value of the said work was Rs. 10,00,000/- (rupees ten lakhs). 4. It is the specific case of the petitioner that out of the total sanction amount of Rs. 10,00,000/-, an amount of Rs. 6,00,000/- (rupees six lakhs) was released as first installment; however, due to non-release of the balance amount, the present writ petition has been filed. 5. I have heard the arguments advanced by the learned counsels for both the contending parties, and have also perused the material Page No.# 3/4 available on record. 6. It appears that the petitioner pursuant to the issuance of the said work order started the subject construction work allotted to him and after duly completing the same within the stipulated time submitted final bill for release of the final installment accompanied by utilisation certificate, photographs of the work, as well as with the inspection report of the concerned Junior Engineer. 7. It appears that thus, the petitioner is entitled to receive the balance payment due to him for completion of the said work. It further appears from the affidavit-in-opposition filed on behalf of the respondent No.2 that the claim of the petitioner has been verified and inspected by the A.P.O. (technical), Tiwa Autonomous Council, Morigaon (Assam) and also by Executive Engineer, TAC, Morigaon, and has found that the petitioner has successfully completed the said work. 8. Apt to reproduce paragraph 9 of the aforesaid affidavit for ready reference: - “9. That the deponent humbly begs to state that altogether 250 nos. of works/schemes were allotted through the Construction Committees by the TAC for the year 2017-2018. All these 250 nos. of works have been completed by the respective Construction Committees and bills were submitted. In fact, part payments have already been made against all these 250 nos. of works. However, the remaining payment could not be made due to institution of various litigations as regards award of contract through Construction Committee However, 92 nos. of Construction Committees have preferred writ petitions before this Hon'ble Court for releasing their balance outstanding amount. This Hon'ble Court was pleased to dispose of those writ petitions directing the TAC to verify the claim of those petitioners and if Page No.# 4/4 they are found to be entitled, directed to make them the balance payment. Accordingly, as per the direction this Hon'ble Court, the claims of those 92 Construction Committees were verified and accordingly, payments were made to them. In fact, the claims of some of the construction committees have already been verified and payment have also been released to them in pursuance of the direction passed by this Hon'ble Court in different writ proceedings. In respect of the present petitioner, it is stated that the claim of the petitioner has also been verified and inspected by the A.P.O. (technical), Tiwa Autonomous Council, Morigaon (Assam) and also by Executive Engineer, TAC, Morigaon. As per their report, the petitioner has successfully completed the said work.” 9. At this stage, Mr. S. Niyogi, learned standing counsel, Tiwa Autonomous Council, submits upon instruction that, the balance admitted dues of the petitioner shall be released within a period of 3(three) months, from the date of receipt of the certified copy of the order. 10. That being so, this court is of the unhesitant view that this writ petition can be disposed of with a direction to the respondent authorities to release the balance admitted amount to the petitioner construction committee in accordance with law, within a period of 3(three) months from the date of receipt of the certified copy of the order. 11. Ordered accordingly. 12. Resultantly, the writ petition stands disposed of. JUDGE Comparing Assistant