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2025 DAILYLAW 26537 (GAU)

M/S D KUMAR AND COMPANY AND ANR v. THE STATE OF ASSAM AND 5 ORS

WP(C)/4701/2024 · 2025-12-18

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010181222024 2025:GAU-AS:17708 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4701/2024 M/S D KUMAR AND COMPANY AND ANR REPRESENTED BY ITS MARKETING HEAD, ALOK DAS, WITH ITS REGISTERED OFFICE AT 4A, MAYUR GARDEN, ABC, G.S. ROAD, GUWAHATI- 781005, KAMRUP(M), ASSAM. 2: ALOK DAS SON OF ASHOK KUMAR DAS RESIDENT OF LACHIT GARH PATH GARCHUK GUWAHATI- 781035 KAMRUP(M) ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SPECIAL CHIEF SECRETARY, GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE SECRETARY GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI- 6. 3:THE SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6. 4:THE CHIEF ENGINEER (WATER) PUBLIC HEALTH ENGINEERING DEPARTMENT Page No.# 2/4 HENGRABARI GUWAHATI- 36. 5:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT NORTH ASSAM ZONE TEZPUR- 784001. 6:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT DHEMAJI DIVISION DHEMAJI- 787057 Advocate for the Petitioner : MR. M SARMA, Advocate for the Respondent : SC, P H E, SC, FINANCE DEPTT. BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 19.12.2025 1. Heard Mr. M Sarma, learned counsel for the petitioner. Also heard Mr. I Borthakur, learned Standing counsel for Public Health Engineering Department, Govt. of Assam. 2. By filing this Writ Petition, the petitioner has prayed for a direction to the respondent authorities to release the outstanding bill amount of Rs. 18,19,590/- (Rupees Eighteen Lakhs Nineteen Thousand Five Hundred and Ninety Only) to the petitioner for execution of (i) Work for Design and Construction of 50.00 Cum. Capacity Hot Press Moulded Thermosetting Glass Fibre Reinforced Polyester Resin (GRP) ESR of with 16.0 m high M.S Staging with suitable RCC Foundation for Dadhara PWSS under the Programm NRDWP of Dhemaji Division. Page No.# 3/4 (ii) Work for Design and Construction of 40:00 Cum Capacity Hot Press Moulded Thermosetting Glass Fibre Reinforced Polyester Resin (GRP) ESR of with 16.0 m high MS. Staging with suitable RCC Foundation for Simaluguri PWSS under the Programin NRDWP of Dhemaji Division. (iii) Work for Design and Construction of 50.00 Cum. Capacity Hot Press. Moulded Thermosetting Glass Fibre Reinforced Polyester Resin (GRP) ESR of with 16.0 m high M.S. Staging with suitable RCC Foundation for Bhebeli PWSS under the Programme NRDWP of Dhemaji Division. (iv) Work for Design and Construction of 50.00 Cum. Capacity Hot Press Moulded Thermosetting Glass Fibre Reinforced Polyester Resin (GRP) ESR of with 16.0 m high MS. Staging with suitable RCC Foundation for Santipur PWSS under the Programme NRDWP of Dhemaji Division. 3. The petitioner No. 1 is a partnership firm having its registered office at Guwahati, Kamrup (M). Pursuant to the tender process initiated by the authorities in the Department of Public Health Engineering, Govt. of Assam, the petitioner was awarded the work orders for execution of the above mentioned works. 4. Mr. M Sarma, learned counsel for the petitioner submits that the petitioner has executed the works awarded to him satisfactorily for which Completion Certificate was issued for the gross value of Rs. 25,47,750/-. The authorities have made some part payment, however, failed to release the amount of Rs. 18,19,590/- (Rupees Eighteen Lakhs Nineteen Thousand Five Hundred and Ninety Only) till date, despite repeated approach. 5. Having considered that the petitioner appears to have completed the work for Page No.# 4/4 which Completion Certificate was issued on 26.12.2022 by the Executive Engineer, Public Health Engineering Department, Dhemaji Division, Govt. of Assam for a gross value of Rs. 25,47,750/-and some part payment having been made and as agreed to by learned counsel for both parties, I deem it appropriate to dispose of this Writ Petition with a direction to the respondent authority to verify the claim of the petitioner and if found admitted, same shall be released within a period of 4(four) months. It is ordered accordingly. 6. With the above observations, petition stands disposed of. JUDGE Comparing Assistant