Page No.# 1/5 GAHC010059992025 2025:GAU-AS:15219 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1676/2025 DINAMANI HALOI S/O SRI RAJENDRA NATH HALOI, R/O VILL. AND P.O. BIHAMPUR, P.S. BELSOR, DIST- NALBARI, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS (R AND B) DEPARTMENT, DISPUR, GUWAHATI-6 2:THE SECRETARY PWD BTC KOKRAJHAR P.O. AND DISTRICT- KOKRAJHAR ASSAM. PIN-783370 3:THE ADDL. CHIEF ENGINEER CUM DIRECTOR P.W.D. BODOLAND TERRITORIAL COUNCIL KOKRAJHAR ASSAM PIN-783370 4:THE EXECUTIVE ENGINEER P.W.D. MUSLAPUR (R AND B) DIVISION MUSALPUR. 5:THE ASSTT. EXECUTIVE ENGINEER P.W.D. Page No.# 2/5 MUSALPUR (R AND B) DIVISION MUSALPUR. 6:THE COMMISSIONER AND SECRETARY FINANCE DEPARTMENT DISPUR GUWAHATI- BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Advocate for the petitioner (s) : Mr. N. Hoque, Advocate Advocate for the respondent (s) : Ms. B.Bhuyan, Sr. Advocate Mr. P. Bhuiyan, Advocate Date on which judgment is reserved : NA Date of pronouncement of judgment : 10.11.2025 Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been Pronounced? : Yes JUDGMENT AND ORDER (ORAL) Heard Mr. N. Hoque, the learned counsel appearing on behalf of the petitioner. Ms. B. Bhuyan, the learned Senior Counsel assisted by Mr. P. Bhuyan, the learned counsel appears on behalf of the BTC. 2. The case of the petitioner herein is that The petitioner has been allotted the work namely "Construction of C.C. Block from Page No.# 3/5 Baramchari L.P. School to Cherabari under SOPD for the year 2017-18 under PWD (R&B) Department vide the work order dated 31.10.2018. The work value of the allotted work was Rs.1,55,66,000/-. Accordingly, the petitioner started the work and after starting of the work, the concerned Department prepared the first Running Bill on 14.01.2019 amounting to Rs.27,16,040/- out of which the petitioner was paid only Rs.10,00,000/- in the year 2022. Thereafter, the second Running Bill was prepared on 01.02.2022 amounting to Rs.37,64,961/- out of which no amount has been paid to the petitioner by the Respondent Authorities. Thereafter, the respondent No. 4 has furnished the completion report dated 07.01.2025 wherein it has been stated that the respondent No. 4 physically verified the work and found that 55% of the aforesaid work had been completed by the petitioner and the up to date bill amount was Rs.63,90,977/-. It is stated that the petitioner was paid only Rs.10,00,000/- and the balance amount to be paid is Rs.53,90,977/- which is yet to be paid to the petitioner. Hence, this writ petition. 3. Ms. B. Bhuyan, the learned Standing Counsel appearing on behalf of the Bodoland Territorial Council submitted that as to whether the petitioner had completed the work in terms with the work order in question and whether the certificate issued that Page No.# 4/5 the petitioner is entitled to the amount claimed is subject to further 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. 4. 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 construction work in accordance with the work orders mentioned hereinabove and thereupon to ascertain the exact amount to which the petitioner is entitled to, if any. 5. 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, 4 & 5 to verify the entitlement of the petitioner on the basis of the work order which were issued in favour of the petitioner and as to whether the petitioner has completed the work to the extent certified 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 Page No.# 5/5 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). 6. With the above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant Pradip Kumar Kalita Digitally signed by Pradip Kumar Kalita Date: 2025.11.17 12:37:02 +05'30'