M/S LIPSY ENTERPRISE v. THE STATE OF ASSAM AND 2 ORS.
WP(C)/6938/2024 · 2025-03-02
Kardak Ete
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 22198 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22198 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010273922024
2025:GAU-AS:2161
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6938/2024 M/S LIPSY ENTERPRISE REPRESENTED BY ITS PROPRIETOR SRI HARIHAR DEKA, S/O KRISHNA RAM DEKA, AGED ABOUT 51 YEARS, RESIDENT OF HATIGAON, LALIT CHUBURI, HOUSE NO. 143, HATIGAON, CHARIALI, GUWAHATI 781038 VERSUS THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, HOUSING AND URBAN AFFAIRS DEPARTMENT, DISPUR GUWAHATI 781006 2:THE MANAGING DIRECTOR ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD GANESHGURI GUWAHATI 781005 3:THE EXECUTIVE ENGINEER ASSAM URBAN WATER SUPPLY AND SEWERAGE BOARD DIBRUGARH DIVISION DIBRUGARH ASSAM 78600 Advocate for the Petitioner : MR. N HOSSAIN, MR N SARMA Advocate for the Respondent : GA, ASSAM,
Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER 03.03.2025 Heard Mr. N. Sarma, learned counsel for the petitioner. Also heard Mr. S.R. Borah, learned Standing Counsel for the respondent no.1 and Mr. S.P. Choudhury, learned Standing Counsel, Urban Water Supply and Sewerage Board for the respondent nos. 2 and 3. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities for payment of an admitted amount of Rs. 2,18,097/- (Two Lacs Eighteen Thousand Ninety Seven) only for the Execution, Laying and Commissioning of Distribution Pipe Network of Makum Town Water Supply Scheme for Group F.
3. The petitioner is a proprietorship firm, who has been awarded work order vide dated 25.05.2009 for the Execution, Laying and Commissioning of Distribution Pipe Network of Makum Town Water Supply Scheme for Group F. Accordingly, the petitioner completed the said work and submitted a bill amounting to Rs.2,18,097/-(Two Lacs Eighteen Thousand Ninety Seven) only. 4. Mr. N. Sarma, learned counsel for the petitioner submits that despite the satisfactory completion of work and the admitted liability, the petitioner has not been paid the said amount of Rs.2,18,097/- despite repeated request. Therefore, the respondent authorities may be directed to release the said admitted amount to the petitioner. 5. Mr. S.P. Choudhury, learned Standing Counsel for the respondent nos.2 and 3, referring to the letter dated 21.03.2020 by the Executive Engineer, Urban
Page No.# 3/4 Water Supply and Sewerage Board, Dibrugarh Division, addressed to the Managing Director, Assam Urban Water Supply and Sewerage Board, Amritpur Path, Ganeshguri, Guwahati submits that the amount claimed by the petitioner appears to be admitted one as the Executive Engineer has sought for release of the said amount for payment to the petitioner for the execution of said work. Therefore, he submits that the authorities may be directed to verify the claim of the petitioner and if found admitted, may be directed to pay the same to the petitioner. 6. Having considered the submissions of the learned counsel for the parties and considering that the petitioner appears to have executed the work of distribution of Pipe Network of Makum Town Water Supply Scheme for which an admitted amount of Rs.
Rs.2,18,097/-(Two Lacs Eighteen Thousand Ninety Seven) only is admitted to be pending, it would be appropriate to dispose of this writ petition with a direction to the respondent authorities to verify the claim of the petitioner and if found admitted, to make payment to the petitioner. Accordingly, it is directed that the respondent authorities shall verify the claim of the petitioner within a period of one months from the date of receipt of the certified copy of this order and if found admitted, shall make the payment of the admitted amount of Rs. Rs.2,18,097/-(Two Lacs Eighteen Thousand Ninety Seven) only within a period of 3(three) months thereafter. 7. With the above observation and direction, this writ petition is allowed and
disposed of.
JUDGE
Page No.# 4/4 Comparing Assistant