Page No.# 1/4 GAHC010181182024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4534/2024 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 ASSA 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) ASSAM PIN- 781006. 3:THE SECRETARY TO THE GOVERNMENT OF ASSAM Page No.# 2/4 FINANCE DEPARTMENT DISPUR GUWAHATI DISTRICT- KAMRUP(M) ASSAM PIN- 781006. 4:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI-36 5:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT LOWER ASSAM ZONE GUWAHATI-21 6:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI DIVISION -1 GUWAHATI-2 Advocate for the Petitioner : MR. M SARMA, Advocate for the Respondent : SC, P H E, SC, FINANCE Page No.# 3/4 BEFORE HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 17/11/2025 Heard Mr. M Sarma, learned counsel for the petitioners and Mr. D Gogoi, learned Standing Counsel, PHE, appearing for all the respondents. 2. The petitioner by way of instituting the present proceeding has prayed for a direction upon the respondent authorities to release to him Rs.64,11,636/- (Rupees Sixty Four Lakhs Eleven Thousand Six Hundred and Thirty Six) only, being the contractual dues receivable by him for executing 21 works awarded to him by the respondent authorities. 3. The petitioner in the writ petition has projected that all the works, as allotted to him, were executed by him in accordance with the plan and the completion certificates in pursuance to the works involved were also issued to him. Accordingly, it is prayed by the petitioner in the present writ petition that he would be entitled to the contractual dues receivable by him. 4. The respondents have filed an affidavit in the matter through the respondent No. 4 and therein, have submitted that the petitioner in their estimation would be entitled to only an amount of Rs.25,62,883/- (Twenty Five Lakhs Sixty Two Thousand Eight Hundred and Eighty Three) only. 5. The respondents having admitted the liability of the petitioner, herein, only to the extent of Rs.25,62,883/- (Twenty Five Lakhs Sixty Two Thousand Eight Hundred and Eighty Three), this Court would be in a position only to direct the respondents to release to the petitioner the admitted liability. 6. As regards the balance liability receivable by the petitioner, the petitioner would have to institute appropriate proceeding before the competent Court of civil jurisdiction. 7. In view of the above discussion and considering the admission of the respondents in Page No.# 4/4 the affidavit to the dues receivable by the petitioner, herein, this Court directs the respondent authorities to release to the petitioner the admitted dues of Rs.25,62,883/- (Twenty Five Lakhs Sixty Two Thousand Eight Hundred and Eighty Three) only, within a period of 3 (three) months from the date of receipt of a certified copy of this order by the respondent Nos. 4 & 6, herein. 8. With the above observation and direction, the present writ petition stands disposed of. JUDGE Comparing Assistant