Page No.# 1/5 GAHC010249952022 2025:GAU-AS:2155 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7999/2022 SUSHIL KR SAHA @ SHUSIL SAHA S/O. LT. SURYA SAHA, VILL. TANGNIBAZAR, P.O. DHULA, DIST. DARRANG, ASSAM, PIN-784146. VERSUS THE STATE OF ASSAM AND 8 ORS REP. BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPT., ASSAM, SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN-781006. 2:THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPT. ASSAM ASSAM SECRETARIAT DISPUR GUWAHATI-06. 3:THE SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-06. 4:CHIEF ENGINEERI WATER ASSAM AND ADDL. MISSION DIRECTOR JAL JEEVAN MISSION PUBLIC HEALTH ENGINEERING DEPT. ASSAM HENGRABARI GUWAHATI Page No.# 2/5 ASSAM-781036. 5:THE BODOLAND TERRITORIAL COUNCIL REP. BY THE PRINCIPAL SECRETARY TO THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BODOFANWGWR KOKRAJHAR ASSAM PIN-783370. 6:SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BODOFANAGAR KOKRAJHAR PIN-783370. 7:ADDL. CHIEF ENGINEER (PHE) CUM DIRECTOR PHED BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM PIN-783370. 8:EXECUTIVE ENGINEER (PHE) BAKSA (PHE) DIVISION MUSHALPUR BAKSA BTC ASSAM PIN-783370. 9:ASST. EXECUTIVE ENGINEER (PHE) TAMULPUR SUB DIVISION BAKSA ASSAM-784510 Advocate for the Petitioner : MR. K BHATTACHARJEE, MS. A BARMAN,MS B TALUKDAR,MR. M SAIKIA Advocate for the Respondent : SC, BTC, SC, P H E,SC, FINANCE Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER 03.03.2025 Heard Mr. M. Saikia, learned counsel for the petitioner. Also heard Mr. R. R. Gogoi, learned counsel for the respondent nos. 1, 2 and 4 and Mr. B. Choudhury, learned Standing Counsel, BTC for the respondent nos. 5 to 9. 2. This writ petition is filed praying for a direction to the respondent authorities for payment of admitted amount of Rs. 26,19,218/- (Twenty Six Lacs Nineteen Thousand Two Hundred Eighteen) only due to the petitioner for renovation of Bamunjar (New PWSS) under Baksa (PHE) Division, Musalpur, under SPOD, 2019-2020. 3. The petitioner claims to be a contractor had participated in the tender process and was awarded with a work for renovation of Bamunjar (New PWSS), Baksa (PHE) Division, Musalpur, under SPOD, 2019-2020 vide dated 23.12.2020. It is contended that the petitioner has completed the said work in terms of the work order. After completion of work, the petitioner has submitted a bill amounting to Rs. 26,19,218/-(Twenty Six Lacs Nineteen Thousand Two Hundred Eighteen) only, although the financial estimate of the work was of Rs. 33,12,926/-(Thirty Three Lacs Twelve Thousand Nine Hundred Twenty Six) only. The petitioner has represented to the respondent authorities for making payment of the said amount. However, the same has not been released till date. 4. Mr. M. Saikia, learned counsel for the petitioner submits that after completion of the said work, all the required formalities have been completed for payment of the said amount. The Executive Engineer, Baksa PHE Division, Page No.# 4/5 Musalpur, vide letter dated 25.02.2021 addressed to the Addl. Chief Engineer cum Director, PHED, BTC, Korajhar, has demanded for release of the fund amounting to Rs. 26,19,218/- for payment to the petitioner. He submits that the amount claimed by the petitioner is an admitted amount and therefore, the respondent authorities may be directed to release the said amount of Rs. 26,19,218/- as there is no other impediments for release of the said amount, in view of the fact that the petitioner has completed the said work. 5. Mr. B. Choudhury, learned Standing Counsel for the BTC on instruction has submitted that although the amount claimed by the petitioner is an admitted amount, due to the paucity of fund in the current financial year, the payment would not be possible. However, the same shall be processed in the next financial year. 6. I have considered the submissions of the learned counsel for the parties and also perused the records. 7. Admittedly, the petitioner has executed the work awarded to him vide order dated 23.12.2020 for the work of renovation of Bamunjar (New PWSS) under Baksa (PHE) Division, Musalpur, under SPOD, 2019-2020. Thereafter, the petitioner has submitted that the bill amount of Rs. Rs. 26,19,218/- for the said work. The respondent authorities have admitted the amount claimed by the petitioner. 8. Having considered that the amount claimed by the petitioner is an admitted outstanding amount due to the petitioner and also considering that ground of non-payment is only due to the paucity of fund, I am of the considered view that the petitioner cannot be made to suffer due to non- Page No.# 5/5 availability of fund, as the work has been awarded to the petitioner after Estimate and Administrative approval was accorded by the respondent authorities. Thus, the petitioner is entitled to be paid the aforesaid admitted outstanding amount. 10. In view of above, the respondent authorities are directed to pay the aforesaid outstanding amount of Rs. Rs. 26,19,218/-(Twenty Six Lacs Nineteen Thousand Two Hundred Eighteen) only within a period of 5(five) months from the date of receipt of the certified copy of this order by following the Principle laid down by Full Bench in the case of Tamsher Ali Vs. State of Assam reported in 2008 (4) GLT 1. 11. With the above observation and direction, this writ petition stands disposed of. JUDGE Comparing Assistant