Page No.# 1/6 GAHC010181192024 2025:GAU-AS:17707 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4557/2024 M/S D KUMAR AND COMPANY AND ANR REP. BY ITS MARKETING HEAD ALOK DAS WITH ITS REGD. OFFICES AT 4A MAYUR GARDEN ABC G.S ROAD GUWAHATI-05 KAMRUP (M) ASSAM 2: ALOK DAS S/O- ASHOK KUMAR DAS R/O- LACHIT GARH PATH GARCHUK GUWAHATI-35 KAMRUP METRO ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REP. BY THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI DISTRICT- KAMRUP(M) ASSAM PIN- 781006. 2:THE SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI DISTRICT- KAMRUP(M) Page No.# 2/6 ASSAM PIN- 781006. 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI DISTRICT- KAMRUP(M) ASSAM PIN- 781006. 4:THE CHIEF ENGINEER (WATER) PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI-36 5:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT UPPER ASSAM ZONE GUWAHATI-21 6:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT TINSUKIA DIVISION TINSUKIA-786192 ------------ Advocate for : MR. M SARMA Advocate for : SC P H E appearing for THE STATE OF ASSAM AND 5 ORS 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. Page No.# 3/6 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. 16,07,770/- to the petitioner for the execution of the following : (i)Work for Design and construction of 100.0Cu.m capacity Hot Press Moulded Thermosetting Glass fiber Reinforced polyester Resin (GRP) (conforming to IS 14399 (part 132) 1996] Elevated service Reservoir with 13M MS staging (having MS. inspection deck on all side of the reservoir) with suitable RCC Foundation including conducting sub soil investigation work and providing all necessary appurtenances viz, inlet/outlet /overflowidraining piping arrangement with control valves M S ladder with guard ring for ascending to the inspection canopy and then to the Roof of the Reservoir Air vent pipes Manhole with frame and cover at roof, float operated inlet valve calibrated water level indicator, lightening arrestor with minimum 2nos Copper plate Earth station Solar power operated Aviation Warning Lamp with auto switch ON/OFF devices painting of the MS staging supporting deck & inspection deck with anti corrosive paint over priming coat etc. And testing of the Reservoir for water tightness for a duration of minimum 48 hours all complete (as per all relevant BIS specification), as directed and specified for different PWSS under Mugong Pathar PWSS under NRDWP of Tinsukia (PHE) Division.” and (ii) Work for Design and construction of 100.0Cu.m capacity Hot Press Moulded Thermosetting Glass fiber Reinforced polyester Resin (GRP) [conforming to IS 14399 (part 1&2) 1995] Elevated service Reservoir with 13M M S staging (having MS inspection deck on all side of the reservoir) with suitable RCC Foundation including Page No.# 4/6 conducting sub soil investigation work and providing all necessary appurtenances viz inlet/outlet/overflow draining piping arrangement with control valves M S ladder with guard ring for ascending to the inspection canopy and then to the Roof of the Reservoir Air vent pipes Manhole with frame and cover at roof, float operated inlet valve calibrated water level indicator, lightening arrestor with minimum 2 nos Copper plate Earth station Solar power operated Aviation Warning Lamp with auto switch ON/OFF devices painting of the MS staging supporting deck & inspection deck with anti corrosive paint over priming coat etc. And testing of the Reservoir for water tightness for a duration of minimum 48 hours, all complete (as per all relevant BIS specification), as directed and specified for different PWSS under Mugong Pathar PWSS under NRDWP of Tinsukia (PHE) Division.” (iii) Work for Design and construction of 40.0Cu.m capacity Hot Press Moulded Thermosetting Glass fiber Reinforced polyester Resin (GRP) (conforming to IS 14399 (part 1 & 2) 1996] Elevated service Reservoir with 13M M S staging (having MS inspection deck on all side of the reservoir 1 with suitable RCC Foundation including conducting sub soil investigation work and providing all necessary appurtenances viz, inlet/outlet overflow/draining piping arrangement with control valves M S ladder with guard ring for ascending to the inspection canopy and then to the Roof of the Reservoir Air vent pipes Manhole with frame and cover at roof, float operated inlet valve calibrated water level indicator, lightening arrestor with minimum 2nos Copper plate Earth station Solar power operated Aviation Warning Lamp with auto switch Page No.# 5/6 ON/OFF devices painting of the MS. staging supporting deck & inspection deck with anti corrosive paint over priming coat etc And testing of the Reservoir for water tightness for a duration of minimum 48 hours all complete (as per all relevant BIS specification) as directed and specified for different PWSS under Raidong Bengali PWSS under NRDWP of Tinsukia (PHE) Division. (iv) Work for Design and construction of 40.0Cum capacity Hot Press Moulded Thermosetting Glass fiber Reinforced polyester Resin (GRP) [conforming to IS 14399 (part 1&2) 1996) Elevated service Reservoir with 13M MS staging (having MS inspection deck on all side of the reservoir with suitable RCC Foundation including conducting sub soil investigation work and providing all necessary appurtenances viz inlet/outlet loverflow draining piping arrangement with control valves M S ladder with guard ring for ascending to the inspection canopy and then to the Roof of the Reservoir Air vent pipes Manhole with frame and cover at roof float operated inlet valve calibrated water level indicator, lightening arrestor with minimum 2nos Copper plate Earth station Solar power operated Aviation Warning Lamp with auto switch ON/OFF devices painting of the MS staging supporting deck & inspection deck with anti corrosive paint over priming coat etc And testing of the Reservoir for water tightness for a duration of minimum 48 hours all complete (as per all relevant BIS specification), as directed and specified for different PWSS under Raidong Bengali PWSS under NRDWP of Tinsukia (PHE) 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 Page No.# 6/6 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 states that the petitioner has executed the works awarded to him satisfactorily for which Completion Certificates were issued for the gross value of Rs. 50,00,000/- and Rs. 21,60,000/-. The authorities have made some part payment, however, failed to release the amount of Rs. 16,07,770/- till date, despite repeated approach. 5. Having considered that the petitioner appears to have completed the works for which Completion Certificates were issued on 19.11.2022 by the Executive Engineer, Public Health Engineering Department, Tinsukia Division, Govt. of Assam for a gross value of Rs. 50,00,000/- and 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 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