Page No.# 1/4 GAHC010004342025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/213/2025 ABINASH BALMIKI AND ANR PROPRIETOR OF M/S A.B. ENTERPRISE, S/O- BRIJMOHAN BALMAKI, R/O- SANTINAGAR, PATHARGHAT, WARD NO. 2, KOKRAJHAR, P.O.- KOKRAJHAR, DIST.- KOKARJHAR, BTR, ASSAM. PIN- 783370. 2: M/S A.B. ENTERPRISE A PROPRIETORSHIP CONCERN REPRESENTED BY ITS PROPRIETOR SRI ABHINASH BALMIKI ADDRESS- WARD NO. 2 PATHARGHAR P.O.- KOKRAJHAR DIST.- KOKRAJHAR BTR ASSAM PIN- 783370 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI- 781006. 2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY Page No.# 2/4 BODOFA NWGWR KOKRAJHAR (BTR) ASSAM PIN- 783370. 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI. PIN- 781006. 4:THE DISTRICT COMMISSIONER KOKRAJHAR BTR ASSAM PIN- 783370. 5:THE ADDL. DISTRICT MAGISTRATE KOKRAJHAR BTR ASSAM PIN- 783370 Advocate for the Petitioner : MR. B J MUKHERJEE, MS R SAHA Advocate for the Respondent : GA, ASSAM, SC, FINANCE DEPTT.,SC, BTC BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 16.07.2026 Heard Shri B.J. Mukherjee, learned counsel for the petitioners. Also heard Shri G.Bokolial, learned State Counsel and Shri A. Atreya, learned Standing Counsel for the BTC. 2. Considering the subject matter and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the admissions stage. The issue is with regard to a claim for release of contractual dues. Page No.# 3/4 3. As per the facts projected, the petitionerno. 1 is the proprietor of the petitionerno. 2 and is a Contractor, who was awarded several works including supply works.It is claimed that the works were duly completed and a bill was raised of Rs.90,63,697/-(Rupees Ninety Lakhs SixtyThree Thousand Six Hundred Ninety Seven) only which was not paid and accordingly, the instant writ petition was filed. 4. In the affidavit-in-opposition filed by the respondent no. 4, the amount however has been admitted. 5. Shri Mukherjee, the learned counsel for the petitioners has also informed this Court that in the meantime certain amounts have been released. 6. The scope of interference by a Writ Court in claims for contractual dues is limited as it constitutes disputed questions of facts.However, the Hon’bleFull Bench in the case of Tamsher Ali vs. State of Assam reported in 2008 (4) GLT 1 has laid down certain principles wherein a Writ Court can issue directions and one amongst the principles is an acknowledgement in writing of the liability by the Chief Engineer/Head of the Department. 7. In the instant case, in the affidavit filed by the respondentno. 4, there is an admission of the liability. For ready reference, the relevant averments are made in paragraph 3 of the affidavit which is extracted herein below: “That the deponent begs to states that the proposal for requirement of fund of Rs.2,15,30,946/- (Rupees two crore fifteen lakh thirty thousand nine hundred forty-six) only against 3nos. of firms/contractor namely (1) M/S A.B. Enterprise, Kokrajhar (Rs. 90,63,697/-) (2) Sukumar Saha, Bilasipara (Rs.1,71,513/-) and (3) M/S Mazumdar Enterprise, Kokrajhar (Rs. 1,22,95,736/-) as per Government prescribed format for providing logistic support to Army/ CAPF deployed for Page No.# 4/4 Counter Insurgency Operations in Kokrajhar District as sought by the Government. The head-wise details are given below: Sl.No. Particulars Pending Liabilities (in Rs.) 1. Generator Hire Charge 16,97,475.00 2 Material Supply 1,98,33,471.00 Total 2,15,30,946.00 8. In view of the above position, this Court directs that so far as the balance amount is concerned, the same be released to the petitioner by following the principles laid down in the case of Tamser Ali(supra).Such release be made expeditiously and in accordance with law. JUDGE Comparing Assistant