M/S BORGOHAIN ENTERPRISES AND ANR v. THE STATE OF ASSAM AND 5 ORS
WP(C)/4542/2024 · 2025-12-18
Kardak Ete
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 26616 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26616 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010181192024
2025:GAU-AS:17707
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4542/2024 M/S BORGOHAIN ENTERPRISES AND ANR REP. BY ITS MARKETING HEAD, ALOK DAS WITH ITS REGISTERED OFFICES AT 4A, MAYUR GARDEN, ABC, G.S. ROAD, GUWAHATI-781005, DIST. KAMRUP(M), ASSAM 2: ALOK DAS S/O- ASHOK KUMAR DAS R/O- LACHIT GARH PATH GARCHUK GHY-781035 KAMRUP(M) ASSA VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SPECIAL CHIEF SECRETARY, GOVT. OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GHY-6. 2:THE SECRETARY GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GHY-6. 3:THE SECRETARY GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GHY-6. 4:THE CHIEF ENGINEER (WATER) PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI
Page No.# 2/4 GHY-36. 5:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT NORTH ASSAM ZONE TEZPUR-784001. 6:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT MANGALDAI DIVISION MANGALDAI-784146 Advocate for the Petitioner : MR. M SARMA, Advocate for the Respondent : SC, P H E, SC, FINANCE
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. 8,10,612/- to the petitioner on account of execution of Work, Design and Construction of 40,000 litres Capacity Hot Press Moulded Thermosetting Glass Fiber Reinforced Polyester Resin (GRP) ESR with 16.0 meter height M.S Staging with suitable RCC Foundation for Nagaon PWSS under the programme NRDWP of Mangaldai Division and for Design and Construction of 40,000 liters Capacity Hot Press Moulded Thermosetting Glass Fiber Reinforced Polyester Resin (GRP) ESR with 16.0 meter height M.S Staging with suitable RCC Foundation for Raja Pukhuri PWSS under
Page No.# 3/4 the programme NRDWP of Mangaldai 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 Work for Design and Construction of 40,000 litres Capacity Hot Press Moulded Thermosetting Glass Fiber Reinforced Polyester Resin (GRP) ESR with 16.0 meter height M.S Staging with suitable RCC Foundation for Nagaon PWSS under the programme NRDWP of Mangaldai Division and for Design and Construction of 40,000 liters Capacity Hot Press Moulded Thermosetting Glass Fiber Reinforced Polyester Resin (GRP) ESR with 16.0 meter height M.S Staging with suitable RCC Foundation for Raja Pukhuri PWSS under the programme NRDWP of Mangaldai Division. 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. 21,60,000/-. The authorities have made some part payment, however, failed to release the amount of Rs. 8,10,612/- till date, despite repeated approach. 5. Having considered that the petitioner appears to have completed the work for which Completion Certificate was issued on 25.08.2023 by the Executive Engineer, Public Health Engineering Department, Mangaldoi Division, Govt. of Assam for a gross value of Rs. 21,60,000/- 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)
Page No.# 4/4 months. It is ordered accordingly. 6. With the above observations, petition stands disposed of. JUDGE Comparing Assistant