Page No.# 1/4 GAHC010123912023 2025:GAU-AS:15962 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3490/2023 NIPUL KALITA S/O- SRI SARAT KALITA, VILL. AND P.O.- SONDHA, P.S. AND DIST.- NALBARI, ASSAM- 781337. VERSUS THE BODOLAND TERRITORIAL COUNCIL AND 3 ORS REPRESENTED BY ITS PRINCIPAL SECRETARY, KOKRAJHAR, BTC, ASSAM- 783370. 2:THE ADDITIONAL CHIEF ENGINEER PUBLIC WORKS DEPARTMENT BTC KOKARJHAR ASSAM- 783370. 3:THE ASSISTANT EXECUTIVE ENGINEER MUSALPUR (R AND B) DIVISION MUSALPUR BTC ASSAM- 781372. 4:THE MISSION DIRECTOR RASHTRIYA MADHYAMIK SHIKSHA ABHIYAN ASSAM KAHILIPARA GUWAHATI- 781019 Page No.# 2/4 For the Petitioner(s) : Mr. S. Hoque, Advocate For the Respondent(s) : Mr. N. R. Sharma, SC, BTC BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.11.2025 The case of the Petitioner herein is that the Petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the amount to which the Petitioner is entitled to upon completion of the work. 2. The Petitioner herein is a registered contractor under the Public Works Department to the Government of Assam. 3. The case of the Petitioner herein is that the Additional Chief Engineer, PWD, BTC i.e. the Respondent No.2 had issued a Tender vide Tender No.TN-23/ACE/PWD/BTC/2015-16 dated 07.01.2016 pertaining to the works of “Additional work of 100 bedded Girls Hostel at Khatarbari High School, Nagrijuli under RMSA, Assam”. The Petitioner has participated in the said tender process and being the eligible bidder, on 07.01.2016 itself, the Respondent Authorities had issued work order bearing No. CS-33/ACE/PWD/BTC/2015-16/7 in favour of the Petitioner in respect to the said work. 4. It is the case of the Petitioner that the Petitioner had successfully Page No.# 3/4 completed the work on 08.01.2018 to the satisfaction of the respective responsible authorities and after due verification of the works by the competent authority, the Executive Engineer, PWD, Musalpur (R&B) Division, Musalpur had issued a Completion Report on 07.05.2019 against the said work showing the bill valued at Rs.19,93,423/-. Thereafter, the Petitioner also submitted the bill amounting to Rs.19,93,423/-. 5. The learned counsel for the Petitioner submitted that the Petitioner has submitted representation before the Respondent Authorities for release of the said amount however the amount of Rs.19,93,423/- is still pending, for which the Petitioner has approached this Court under Article 226 of the Constitution. 6. Mr. N. R. Sharma, the learned Standing counsel appearing on behalf of the Bodoland Territorial Council submits that as to whether the Petitioner has completed the works in terms with the work order in question is a subject matter of verification which needs to be carried out by the Respondent Authorities and it is only on the basis of such verification, the actual entitlement of the Petitioner could be ascertained. 7. Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities to verify as to whether the Petitioner has completed the works in accordance with the work order mentioned hereinabove and thereupon to ascertain the exact amount to which the Petitioner is entitled to, if any. Page No.# 4/4 8. It is under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the Respondent Authorities more particularly the Respondent Nos. 2, 3 and 4 to verify the entitlement of the Petitioner on the basis of the work order which was issued in favour of the Petitioner and as to whether the Petitioner has completed the work in question and thereupon, after verification if it is found that the Petitioner is entitled to any amount, the same should be paid to the Petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the Respondent No.2 and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra). 9. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant