Page No.# 1/5 GAHC010254562024 2025:GAU-AS:12217 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6421/2024 ABINASH BALMIKI AND ANR PROPRIETOR OF M/S A.B. ENTERPRISE, S/O- BRIJMOHAN BALMIKI, R/O- SANTINAGAR, PATHARGHAT, WARD NO.2, KOKRAJHAR, P.O. KOKRAJHAR, DIST.- KOKRAJHAR, BTR, ASSAM, PIN- 783370 2: M/S A.B. ENTERPRISE A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR SRI ABINASH BALMIKI ADDRESS- WARD NO. 2 PATHARGHAR P.O. KOKRAJHAR DIST- KOKRAJHAR BTR ASSAM PIN- 78337 VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER ND SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY BODOFA NWGWR KOKRAJHAR (BTR) ASSAM PIN- 783370 3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR Page No.# 2/5 GUWAHATI PIN- 781006 4:THE DISTRICT COMMISSIONER KOKRAJHAR BTR ASSAM PIN- 783370 5:THE ADDL. DISTRICT MAGISTRATE KOKRAJHAR BTR ASSAM PIN- 783370 6:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (PWD) KOKRAJHAR DISTRICT AND CHIRANG DISTRICT TERRITORIAL BUILDING DIVISION BTC KOKRAJHAR ASSAM PIN- 78337 Advocate for the petitioner(s): Mr. BJ Mukherjee Advocate for the respondent(s): Mr. M Chetia, Govt. Advocate, Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 08.09.2025 Heard Mr. BJ Mukherjee, the learned counsel appearing on behalf of the petitioner. Also heard Mr. M Chetia, the learned Government Advocate, Assam appearing on behalf of the respondents. Page No.# 3/5 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.15,33,473/- to which the Petitioner is entitled to in respect of the work i.e. Repair/Renovation of Panchayat Bhawan for accommodation of Foreigners Tribunal Court at Kokrajhar. 3. The case of the Petitioner herein is that the respondent had accorded administrative approval for an amount of Rs.15,34,388/- for execution of the aforesaid work. Thereafter, technical sanction for the work was also accorded. The respondent authorities after going through all formalities and the procedures of tender, issued a formal work order in favour of the petitioner. It is the further case of the petitioner that after the work order was allotted to the petitioner, the petitioner started the construction work with utmost sincerity and dedication and the work was completed within the stipulated time. On completion of the work, the authorities physically inspected and verified the work Thereafter, the petitioner on completion of the work found the same to be satisfactory. 4. The petitioner further stated that after completion of the work and on physical verification of the same, the Executive Engineer, PWD, Territorial Building Division, Kokrajhar handed over the building for functioning of Foreigners Tribunal, Kokrajhar vide the letter dated 19.05.2022 and to the knowledge of the petitioner, the Foreigners’ Tribunal Kokrajhar is presently operating from the said building. 5. The learned counsel for the petitioner submits that the petitioner submitted the final contract bill amounting to Rs.15,33,473/- against the aforesaid work for release of the said amount. However till date, the outstanding dues have not been released to the petitioner. Page No.# 4/5 6. Though the petitioner had represented before the authorities from time to time for release of the aforesaid outstanding dues, but the same had yielded no result. Consequently, finding no other alternatives, the petitioner has approached this Court by way of the instant writ petition. 7. Mr. M Chetia, the learned Govt. Advocate, Assam submitted that there is no denial to the fact that the construction work in question was issued to the Petitioner. The learned counsel, however, submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities. 8. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioner had completed the above-mentioned work, the Petitioner would be entitled to the amount. However, for the same, verification on the part of the Respondent Authorities would be required. 9. 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. Repair/Renovation of Panchayat Bhawan for accommodation of Foreigners Tribunal Court at Kokrajhar. ii) The Respondent Authorities shall also verify as to whether the petitioner had submitted the requisite documents which are required for the 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. Page No.# 5/5 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.6, i.e. the Executive Engineer, PWD, Kokrajhar District & Chirang District, Territorial Building Division, BTC, Kokrajhar, Assam. JUDGE Comparing Assistant