Page No.# 1/3 GAHC010263022025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7038/2025 HRISHIKESH TALUKDAR S/O LATE MAHODAR TALUKDAR, R/O SANKAR DEV PATH, FATASHIL AMBARI, GUWAHATI, P.O. FATASHIL AMBARI, P.S. FATASHIL AMBARI, DIST. KAMRUP METRO, ASSAM. VERSUS THE GUWAHATI MUNICIPAL CORPORATION AND 3 ORS REPRESENTED HEREIN BY ITS COMMISSIONER, GANESHGURI, GUWAHATI, ASSAM 781006 2:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GANESHGURI GUWAHATI-06 ASSAM 3:THE CHIEF ENGINEER GUWAHATI MUNICIPAL CORPORATION GANESHGURI GUWAHATI-06 ASSAM 4:THE EXECUTIVE ENGINEER GUWAHATI MUNICIPAL CORPORATION DIV-1 BHARALUMUKH GUWAHATI-09 ASSA Advocate for the Petitioner : MR S BORTHAKUR, MR SAURADEEP DEY,MR. D GOGOI Page No.# 2/3 Advocate for the Respondent : SC, GMC, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 15.07.2026 Heard Shri D. Gogoi, learned counsel for the petitioner. Also heard Shri S. Bora, learned Standing Counsel, GMC. Pleadings have been exchanged. It is also noted that pursuant to the order dated 10.06.2026 passed by this Court, both the respondent nos. 1 to 4 and the petitioner have filed additional-affidavits. The grievance of the petitioner, who is a registered Contractor, is with regard to non-release of contractual dues. In the affidavit filed by the GMC, the amount has been admitted as liability and it is also contended that in the meantime, a certain amount of Rs.27 lakhs has been released. It is also submitted that there is a balance of Rs. 33,53,814/-. On the aspect of invoking of jurisdiction by a Writ Court, the Hon’ble Full Bench of this Court in the case of Tamsher Ali & Ors. Vs. State of Assam & Ors., reported in 2008 (4) GLT 1 has laid down certain guidelines in which a Writ Court can also adjudicate contractual dues which amongst others, require an acknowledgment of writing from the Chief Engineer/ Head of the Department. In the instant case, such acknowledgment has come by way of an affidavit. This Court has also noted that there is no dispute at the Bar that an amount has already been released to the petitioner and as mentioned above, there is a balance which is pending. In view of the above, the instant writ petition is closed with a direction to the respondent authorities to pay the balance amount in terms of the guidelines laid down Page No.# 3/3 by the Hon’ble Full Bench in the case of Tamsher Ali (supra). The writ petition accordingly stands disposed of. JUDGE Comparing Assistant