Page No.# 1/4 GAHC010233672023 2025:GAU-AS:17438 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6121/2023 FAKRUL ISLAM KHANDAKAR S/O- LATE FAZLUR RAHMAN KHANDAKAR, R/O- ANUPAM NAGAR, HATIGAON, P.O. AND P.S.- HATIGAON, DIST.- KAMRUP(M), ASSAM, PIN-781038. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT BUILDING ASSAM CHANDMARI GUWAHATI-3. 3:THE EXECUTIVE ENGINEER P.W.D. JULUKBARI AND GUWAHATI WEST TERRITORIAL BUILDING DIVISION JALUKBARI GUWAHATI-13. 4:THE SUPERINTENDENT-CUM-CHAIRMAN EXECUTIVE COMMITTEE SONAPUR DISTRICT HOSPITAL SONAPUR KAMRUP(M) Page No.# 2/4 ASSAM PIN- 782401 For the Petitioner(s) : None appears For the Respondent(s) : Mr. B. Gogoi, Addl. A.G. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 15.12.2025 None appears on behalf of the Petitioner on call. 2. 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 works. 3. The Petitioner herein is a Government registered Class 1-A (Building) Contractor under PWD, Government of Assam. 4. The case of the Petitioner herein is that Respondent No. 3 published a short Notice Inviting Tender for (i) installation of Iron Removal Plant at District Hospital, Sonapur, Kamrup (M); (ii) repairing and renovation of the external pipeline of the external water supply system with two numbers of Sintex tanks of 2000-litre capacity at District Hospital, Sonapur, Kamrup (M); and (iii) repairing and renovation of the internal pipeline of the water supply system at District Hospital, Sonapur, Kamrup (M). The Petitioner participated in the said tender process and being an eligible bidder, the Respondent Authorities issued work orders in favour Page No.# 3/4 of the Petitioner on 08.03.2019. 5. It is the case of the Petitioner that the Petitioner successfully completed the said works to the satisfaction of the Respondent Authorities, and the Respondent Authorities issued work completion certificate on 25.11.2020 after physical verification of the site. It is further stated that the Respondent No.3 issued utilization certificates dated 16.01.2021 in respect of the contract works allotted to the Petitioner, certifying that the purpose for which the work sanction was accorded had been duly fulfilled and that the funds expended against the works were actually utilized for the sanctioned purpose. Thereafter, the Petitioner submitted bills amounting to Rs. 4,79,234/-, however, the Respondent Authorities have failed to release the Petitioner’s legitimate dues till date. Despite repeated approaches made by the Petitioner to the Respondent Authorities for payment of the outstanding bills in respect to the contract works allotted to him, the amount of Rs. 4,79,234/- remains unpaid. Being aggrieved, the Petitioner has approached this Court under Article 226 of the Constitution of India. 6. Mr. B. Gogoi, the learned Additional Advocate General who is also the Standing Counsel of the PWD submitted that as to whether the Petitioner has completed the works in terms with the work orders 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 counsel for the Respondents, this Court is Page No.# 4/4 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 orders and thereupon to ascertain the exact amount to which the Petitioner is entitled to, if any. 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 orders which were issued in favour of the Petitioner and as to whether the Petitioner has completed the works 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