Page No.# 1/5 GAHC010171532023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4547/2023 M/S A TO Z CONSTRUCTIONS AND TRADERS (A PROPRIETORSHIP FIRM) REPRESENTED BY ITS SOLE PROPRIETOR, DHARMESWAR BORA, SON OF LATE RANGMAN BORA, AGED ABOUT- 67 YEARS, RESIDENT OF VILLAGE- K.K HANDIQUE PATH MOTURA NAGAR, H/NO. 51, GHY-6, P.O. DISPUR, P.S. DISPUR, DISTRICT- KAMRUP (M), ASSAM, PIN- 781006 VERSUS THE STATE OF ASSAM AND 9 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF PWD, DISPUR, GUWAHATI- 781006 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF HIGHER EDUCATION DISPUR GUWAHATI- 781006 ASSAM 3:THE UNDER SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF PWD (BUILDING AND NH) GUWAHATI-06 ASSAM 4:THE CHIEF ENGINEER PWD (BUILDING) GOVT. OF ASSAM CHANDMARI-GUWAHATI-03 ASSAM 5:THE SUPERINTENDENT ENGINEER Page No.# 2/5 PWD(BUILDING) CIRCLE-II CHANDMARI GUWAHATI- 781003 ASSAM 6:THE EXECUTIVE ENGINEER PWD BUILDING DIVISION-1 PANBAZAR GUWAHATI-01 7:THE SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF FINANCE DISPUR GUWAHATI- 781006 ASSAM 8:THE DIRECTOR OF HIGHER EDUCATION ASSAM GOVT. OF ASSAM KAHILIPARA GHY-19 ASSAM 9:THE PRINCIPAL COTTON COLLEGE PAN BAZAR GUWAHATI-01 ASSAM 10:THE COTTON UNIVERSITY REPRESENTED BY ITS REGISTRAR PANBAZAR GHY-01 ASSA Advocate for the petitioner(s): None Appears Advocate for the respondent(s): Mr. B Gogoi, Addl. AG, Assam Mr. K Gogoi Standing Counsel, Higher Education Dept. Page No.# 3/5 Mr. PD Nair for respondent No.10 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 15.12.2025 None appears on behalf of the petitioner on call. 2. This is an application filed by the petitioner seeking a writ in the nature of mandamus, thereby directing the respondent authorities to make payment of an amount of Rs.3,77,795/- which the petitioner claims that it is entitled to in terms with the order dated 17.07.2004. 3. This Court has duly perused the materials on record and from the materials on record it duly reveals that there is a certificate issued by the Executive Engineer, PWD on 28.01.2015 that the petitioner had completed 61.74% of the construction work. It further appears from some of the documents filed along with the writ petition that there was a re-validation of the administrative approval, but those are of the year 2015. After 8 years therefrom the petitioner had approached this Court by filing a writ petition claiming the said amount. 4. It is seen that this Court vide the order dated 11.08.2023 issued notice keeping the issue of limitation open, which would be considered on the returnable date. 5. Mr. PD Nair, the learned counsel appearing on behalf of respondent No.10 submitted that the respondent No.10 came into existence in the year 2017 and, as such, they do not have any materials in support of the petitioner’s claim. Page No.# 4/5 Even otherwise also, the respondent No.10 who had taken over the Cotton College under it, upon its establishment do not have any records and as such, they are not in a position to carry out any verification. 6. Mr. B Gogoi, the learned Additional Advocate General, Assam, who appears on behalf of the Finance Department as well as the PWD submits that the Executive Engineer, PWD, Dispur & Guwahati East Territorial Building Division had provided an instruction dated 18.04.2004. The learned Additional Advocate General, Assam submits that this instruction can be taken as an instruction issued on behalf of the PWD. The said instruction is kept on record and marked with the letter ‘X’. 7. From a perusal of the instruction, it is apparent that the respondent authorities have duly admitted that the petitioner herein is entitled to an amount of Rs.3,77,795/- which is the cumulative amount of Rs.2,21,290/- and Rs.1,56,505/- which are pending against the 2nd and 3rd R.A. bill. 8. Taking into account that the respondents have duly admitted to the said amount and the said work order was issued by the PWD, Govt. of Assam dated 17.07.2004, this Court, therefore, is of the opinion that appropriate directions are required to be passed in the instant proceedings. 9. It is also submitted by Mr. B Gogoi, the learned Additional Advocate General, Assam that the said amount is to be paid from the Higher Education Department, Govt. of Assam i.e. the respondent Nos.2 and 8, taking into account that PWD had taken up the construction for and on behalf of the Higher Education Department, Govt. of Assam. 10. Accordingly, this Court, therefore, disposes of the instant writ petition with the following direction(s): Page No.# 5/5 (i). The respondent Nos.2, 4 and 8 are directed to take effective steps for release of the amount of Rs.3,77,795/- to the petitioner as the said amount is duly admitted. (ii). This Court further directs that in the said process, if necessary, the respondent No.10 should also be roped in by the said authorities and the respondent No.10 shall also do the needful so that the petitioner is being disbursed the amount of Rs.3,77,795/-. (iii). The above exercise be completed within a period of 6(six) months from the date of the present order. 11. The Registry is directed to provide copies of this order to Mr. B Gogoi, the learned Addl. AG, Assam, Mr. K Gogoi the learned counsel for the Higher Education Department and Mr. PD Nair, the learned counsel appearing on behalf of the Cotton University so that necessary compliance can be made. 12. This Court further directs the respondent No.4 to file a compliance affidavit before this Court on or before 15.06.2026 as regards the aforesaid direction(s). JUDGE Comparing Assistant