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2025 DAILYLAW 2283 (GAU)

SRI BISHAL DAS v. STATE OF ASSAM AND 3 ORS

WP(C)/6749/2025 · 2026-03-17

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/5 GAHC010250932025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6749/2025 SRI BISHAL DAS SON OF SRI PADMA NATH DAS, RESIDENT OF HOUSE NO. 107, SEWALI PATH, HATIGAON, GUWAHATI - 781038,DISTRICT - KAMRUP(M), ASSAM. VERSUS STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, COOPERATION DEPARTMENT, DISPUR GUWAHATI-6 2:THE REGISTRAR OF COOPERATIVE SOCIETIES ASSAM KHANAPARA GUWAHATI-22 3:THE ADDITIONAL REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL) ASSAM KHANAPARA GUWAHATI-22 4:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT GUWAHATI ELECTRICAL DIVISION CHANDMARI GUWAHATI- 78100 Advocate for the Petitioner : MR. D P BORAH, MR U GHOSH Advocate for the Respondent : SC, CO OP, Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 18.03.2026 Heard Mr. U Ghosh, learned counsel for the petitioner. Also heard Mr. H Sarma, learned Addl. Senior Government Advocate appearing for respondent no. 1 and Ms. M D Borah, learned standing counsel, Cooperation Department appearing for respondents no. 2 & 3. 2. The petitioner, in the present proceedings, has prayed for a direction upon the respondent authorities for releasing to him his contractual dues amounting to Rs. 20,50,114/- (Rupees Twenty Lakh Fifty Thousand One Hundred Fourteen Only). 3. The petitioner, in pursuance to a tender process, was awarded with the work of “Installation of Sound System, Projector, electrification in auditorium for office of the Registrar of Cooperative Societies, Assam, Khanapara, Guwahati – 22 (Providing internal & external electrification of Auditorium hall, Air Conditioner, Ceiling fan, wall fan, LED false ceiling light, 60 Nos. of USB charger & Panel Board etc – Phase – I)”. 4. The petitioner after completion of the due formalities and also signing the agreement, proceeded to execute the said work. It is contended by the petitioner that the work in question was executed to the satisfaction of the respondent authorities. On completion of the work in question, the petitioner was also issued a Work Completion Certificate by the Executive Engineer, PWD. The work being completed and a Work Completion Certificate being issued, a final bill, in the matter, was also prepared and submitted by the respondent no. Page No.# 3/5 4 submitted before the respondent no. 3, requiring the latter to release the amount of Rs. 20,50,114/- (Rupees Twenty Lakh Fifty Thousand One Hundred Fourteen Only), in favour of the petitioner, herein. 5. The petitioner projects that the said amount, being not disputed by the respondent authorities, he is entitled to receive the same. However, in spite of submission of the final bill in the matter by the authority competent to do so on 01.02.2023, the petitioner has not been released his admitted contractual dues in spite of repeated approaches made by him before the respondent authorities. Being aggrieved, the petitioner has instituted the present proceedings. 6. The learned counsel for the petitioner, by reiterating the facts noticed, hereinabove, has submitted that the admitted contractual dues of the petitioner having been not released, in spite of lapse of a considerable period of time from the date of successful completion of the work in question, this Court would be pleased to direct the respondent authorities to expeditiously release the said amount to the petitioner, along with interest, at bank norms. 7. Ms. M D Borah, learned standing counsel, Cooperation Department, Assam, by referring to the affidavit filed by the Registrar, Cooperation Societies, Assam, has submitted that the amount claimed by the petitioner as his contractual dues is admitted by the respondent and necessary steps have been already taken for getting the sanction of the said amount and the process is presently underway and would be completed within a short period of time. Accordingly, she submits that adequate time be granted to the Page No.# 4/5 respondents for release of the admitted amount. 8. I have heard the learned counsel for the parties and perused the materials available on record. 9. The facts noticed, hereinabove, are not in dispute. 10. The contractual dues claimed by the petitioner amounting to Rs. 20,50,114/- (Rupees Twenty Lakh Fifty Thousand One Hundred Fourteen Only), have been admitted to by the respondent authorities, more particularly, the respondent nos. 2 & 3. The admission of the successful completion of the work by the respondent no. 4 is evident from the Work Completion Certificate issued to the petitioner, herein, which has been brought on record in the present writ petition. Accordingly, the said contractual dues claimed by the petitioner being an admitted amount and the said position being evident in the affidavit filed by the respondent no. 2 & 3, the petitioner is entitled to receive the same. 11. This Court is of the considered view that the said amount is required to be released to the petitioner at the earliest. In view of the above position, the respondent no. 1, 2 & 3 are directed to release to the petitioner his due admitted contractual dues amounting to Rs. 20,50,114/- (Rupees Twenty Lakh Fifty Thousand One Hundred Fourteen Only) within a period of 4 (Four) months from the date of receipt of a certified copy of this order. In the event the said amount is not released within a period of 4 (Four) months from the date of receipt of a certified copy of this order, the said amount would carry an interest of 6% with effect from the date of lapse of 4 (Four) months with effect from the date of receipt of certified copy of the order, till the amount is so paid to the petitioner. Page No.# 5/5 12. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant