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2025 DAILYLAW 27204 (GAU)

M/S GLOBAL ASSOCIATES AND ANR v. THE STATE OF ASSAM AND 4 ORS

WP(C)/5428/2025 · 2025-12-16

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010207172025 2025:GAU-AS:17539 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5428/2025 M/S GLOBAL ASSOCIATES AND ANR SIX MILE, GUWAHATI - 22, REPRESENTED BY ITS PROPRIETOR SRI BAIKUNTHA BARUAH, SON OF LATE SABHARAM BARUAH, RESIDENT OF VIP ROAD, CHACHAL G.M.C HOUSE NO. 1, P.O. KHANAPARA, P.S. DISPUR, GUWAHATI - 22, DISTRICT KAMRUP (M), ASSAM. 2: BAIKUNTHA BARUAH SON OF LATE SABHARAM BARUAH RESIDENT OF VIP ROAD CHACHAL G.M.C HOUSE NO. 1 P.O. KHANAPARA P.S. DISPUR GUWAHATI - 22 DISTRICT- KAMRUP (M) ASSA VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT (PHE), DISPUR, GUWAHATI -6. 2:THE CHEF ENGINEER PUBLIC HEALTH ENGINEERING (PHE) HANGARABARI GUWAHATI - 36 KAMRUP (M) ASSAM 3:THE ADDITIONAL CHIEF ENGINEER (PHE) LOWER ASSAM ZONE GUWAHATI -21. 4:THE EXECUTIVE ENGINEER Page No.# 2/4 PUBLIC HEALTH ENGINEERING (PHE) GUWAHATI DIVISION NO. II GUWAHATI -21. 5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 Advocate for the petitioner(s): Mr. S Bora Advocate for the respondent(s): Mr. I Borthakur Standing Counsel PHE B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 17.12.2025 Heard Mr. S Bora, the learned counsel appearing on behalf of the petitioners. Also heard Mr. I Borthakur, the learned Standing Counsel, PHED. 2. The instant writ petition has been filed by the petitioner challenging the inaction on the part of the respondent authorities in releasing the outstanding bill amounting to Rs.28,42,407/- to which the petitioner is entitled to in respect of work for Installation of DTW with DTH rig boring of 200 mmx150mm size at Gharmara Satra Adarani Path & Cabin Chowk PWSS. 3. The case of the petitioner herein is that pursuant to the work order being Page No.# 3/4 issued by the respondent No.4, the petitioner No.1 completed the aforesaid work within the stipulated time and thereafter he submitted a bill amounting to Rs.28,42,407/-. In that regard, a detailed joint report was also furnished by 3(three) Member Joint Engineer Team of the PHE. However till date, the aforesaid bill has not been paid to the petitioner. 4. Though the petitioner had made several representations from time to time for release of the aforesaid dues, but the respondent authorities more particularly the respondent No.4 are sitting over the matter. Consequently, finding no other alternatives, the petitioner has approached this Court by way of the instant writ petition. 5. Mr. I Borthakur, the learned Standing Counsel, PHED submitted that there is no denial to the fact that the work in question was issued to the petitioner. The learned Standing Counsel, however, submitted that the entitlement of the petitioner would depend upon verification to be carried out by the respondent authorities. 6. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had completed the above-mentioned works, the petitioner would be entitled to the amount. However, for the same, verification on the part of the respondent authorities would be required. 7. This Court, therefore, disposes of the instant writ petition with the following observations and directions:- i) The respondent authorities shall verify as to whether the petitioner had successfully executed the work, i.e. Installation of DTW with DTH rig boring of 200 mmx150mm size at Gharmara Satra Adarani Path & Cabin Chowk PWSS. Page No.# 4/4 ii) The respondent authorities shall also verify as to whether the petitioner had submitted the requisite documents which are required for the purpose of releasing the amount due as claimed by the petitioner. iii) The respondent authorities shall also verify the entitlement of the petitioner to the dues, and if upon verification in the manner stated above, it is found that the petitioner is entitled to any such amount, the respondent authorities shall pay the same to the petitioner. iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.2, i.e. the Chief Engineer, Public Health Engineering (PHE) Guwahati. JUDGE Comparing Assistant