Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/106/2025 UTPAL BORA S/O LATE KAMALESHWAR SATOLA, R/O BIHPURIA TOWN, WARD NO. 3, P.S.-BIHPURIA, PIN-784161, DIST- LAKHIMPUR, ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, MUNICIPAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM 2:THE CHAIRMAN BIHPURIA MUNICIPAL BOARD BIHPURIA PIN-784161 DIST- LAKHIMPUR ASSAM 3:THE EXECUTIVE OFFICER BIHPURIA MUNICIPAL BOARD BIHPURIA PIN-784161 DIST- LAKHIMPUR ASSAM 4:THE PRESIDENT BIHPURIA MUNICIPAL BOARD BIHPURIA PIN-784161 DIST- LAKHIMPUR ASSAM 5:THE PUBLIC INFORMATION OFFICER BIHPURIA MUNICIPAL BOARD BIHPURIA PIN-784161 DIST- LAKHIMPUR ASSA
Page No.# 2/3 Advocate for the Petitioner : MS. S G BARUAH, MR B SAIKIA, MR. B BORGOHAIN Advocate for the Respondent :
GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER Date : 21.05.2025 Heard Mr. B. Borgohain, learned counsel for the petitioner. Also heard Mr. M. Chetia, learned counsel for the State respondents.
2. The petitioner’s case is that the petitioner had been issued a formal work
order dated 06.07.2020 issued by the respondent No. 3, for the value of Rs.2,93,650/-, pursuant to a Tender Inviting Bid for ‘Improvement of Bylane connecting Bodoti Road, Ward No. 3, Bihpuria’.
3. The petitioner’s counsel submits that the contractual dues of the petitioner amounting to Rs.2,93,650/- has not been paid to the petitioner, despite the work having been completed.
4. Mr. M. Chetia, learned counsel for all the respondents submits that the petitioner will be paid the admitted bill amount of Rs.2,93,000/- within the next few days, subject to the approval of the Chairperson, Bihpuria Municipal Board.
5. I have heard the learned counsels for the parties.
6. Para 7 of the affidavit-in-opposition filed by the respondent No. 3 states as follows:-
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“7. That with regard to the averments made in paragraphs 7, 8, 9 and 10 of the writ petition the deponent states that the bill amount of Rs.2,93,000.00 (Rupees two lakhs ninety three thousand) only would be paid as soon as the Chairperson, Bihpuria Municipal Board approves the payment, as all the other formal process from the officials have already completed. The petitioner was informed of the situation verbally every time he asked about the issue to respondent No.3 and 5. The bill amount will be paid to the petitioner within next few working days subject to the condition of approval of the Chairperson, Bihpuria Municipal Board.”
7. Due to the fact that the respondents have admitted that they are liable to pay to the petitioner an amount of Rs.2,93,000/- and that the same is to be approved by the Chairperson, Bihpuria Municipal Board, this Court directs the Chairman, Bihpuria Municipal Board to do the needful in respect of the petitioner’s admitted amount, within a period of one week from the date of receipt of a certified copy of this order. Thereafter, the dues payable to the petitioner should be paid within a further period of one week.
8. The writ petition is accordingly disposed of. JUDGE Comparing Assistant