Page No.# 1/4 GAHC010005632025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/224/2025 UTPAL BORA S/O- LATE KAMALESHWAR SATOLA, R/O- BIHPURIA TOWN, WARD NO. 3, P.S. BIHPURIA, PIN- 784161, DISTRICT- 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 DISTRICT- LAKHIMPUR ASSAM 3:THE EXECUTIVE OFFICER BIHPURIA MUNICIPAL BOARD BIHPURIA PIN- 784161 DISTRICT- LAKHIMPUR ASSAM 4:THE PRESIDENT BIHPURIA MUNICIPAL BOARD BIHPURIA PIN- 784161 DISTRICT- LAKHIMPUR ASSAM Page No.# 2/4 5:THE PUBLIC INFORMATION OFFICER BIHPURIA MUNICIPAL BOARD BIHPURIA PIN- 784161 DISTRICT- LAKHIMPUR ASSA Advocate for the Petitioner : MS. S G BARUAH, MR. B BORGOHAIN,MR B SAIKIA Advocate for the Respondent : GA, ASSAM, MR M CHETIA, (R-3 & 5) BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 26.05.2025 Heard Ms. S. Gohain Baruah, learned counsel for the petitioner. Also heard Shri M. Chetia, learned State Counsel, who appears for the respondent nos. 1, 3 & 5. The other respondents have not appeared in spite of service being complete. 2. The projected case is that the petitioner was issued formal work orders dated 05.01.2024, 04.08.2024 and 11.08.2024 for a total value of Rs.8,46,010/-, pursuant to 3 NITs. However, a part of the contractual dues amounting to Rs.5,08,260/- has not been paid to the petitioner. It has been contended that the works have been completed in all respects. 3. Shri Chetia, learned State Counsel submits that the petitioner will be paid the admitted bill amount of Rs.5,08,260/- within a short time, subject to the approval of the Chairperson, Bihpuria Municipal Board. 4. To resolve the dispute, the averments made in paragraphs 6 and 8 of the affidavit-in-opposition dated 04.04.2025 filed by the Executive Officer, Bihpuria Municipal Board (respondent No. 3) are required to be considered, which are as Page No.# 3/4 follows:- “6. That with regard to the averments made in paragraphs 4 and 5 of the writ petition the deponent states that the bill amount of Rs.2,71,400.00 (Rupees Two lakhs seventy one thousand four hundred) for repairing and installation of High Mast Light and Rs.66,350.00 (Rupees sixty six thousand three hundred and fifty) total of Rs.3,37,750.00 (Rupees Three lakhs thirty seven thousand seven hundred fifty) only have already been paid on 16.1.2025 and an amount of Rs.5,08,260.00 (Rupees five lakhs eight thousand two hundred sixty) only is pending. 8. That with regard to the averments made in paragraph 10 of the writ petition the deponent states that there was no inaction from the part of the deponent, as some minor issues were to be solved before the payment amount of Rs.2,71,400.00 (Rupees Two lakhs seventy one thousand four hundred) and Rs.66,350.00 (Rupees sixty six thousand three hundred and fifty) only were already paid to the petitioner. The remaining bill amount of Rs.5,08,260.00 (Rupees five lakhs eight thousand two hundred sixty) will be paid within next few working days subject to the condition of approval of the Chairperson, Bihpuria Municipal Board.“ 5. It appears from the said averments that the respondents have admitted their liability for an amount of Rs.5,08,260/- (Rupees five lakhs eight thousand two hundred and sixty) only and that the same is to be approved by the Chairperson, Bihpuria Municipal Board. 6. This Court accordingly directs the Chairman, Bihpuria Municipal Board – Page No.# 4/4 respondent no. 2 to take all the necessary steps for grant of approval for payment of the admitted amount to the petitioner expeditiously and in any case, within an outer limit of two weeks from the date of receipt of a certified copy of this order. After such approval, the aforesaid dues be released to the petitioner within a further period of a month. 7. With the aforesaid observations, the writ petition stands disposed of. JUDGE Comparing Assistant