Page No.# 1/4 GAHC010020432024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/559/2024 NEZAM UDDIN S/O- LATE MUSTAKIM ALI, VILL.- KATABARI, P.O.- NILAMBAZAR, DIST.- KARIMGANJ, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS DEPARTMENT (ROADS), DISPUR, GUWAHATI-6 2:THE CHIEF ENGINEER PWD (ROADS) CHANDMARI GUWAHATI-3 3:THE ADDITIONAL CHIEF ENGINEER PWRD BARAK VALLEY ZONE SILCHAR DIST.- CACHAR ASSAM 4:THE SUPERINTENDING ENGINEER PWRD CACHAR ROAD CIRCLE SILCHAR 5:THE EXECUTIVE ENGINEER PWRD KARIMGANJ NORTH KARIMGANJ SOUTH AND BADARPUR TERRITORIAL ROAD DIVISION Page No.# 2/4 KARIMGANJ 6:THE ASSISTANT EXECUTIVE ENGINEER PWRD KARIMGANJ SOUTH TERRITORIAL ROAD SUB-DIVISION NILAMBAZA Advocate for the Petitioner : MR. A R BHUYAN, MS S.KHATUN,MS. Y AKHTAR,MS. S SAHNAZ,MR N A MAZARBHUIYA Advocate for the Respondent : SC, PWD, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 07.04.2025 Heard Mr. A.R. Bhuyan, learned counsel for the petitioner. Also heard Ms. M. Das, learned Standing Counsel, PWD. 2. This writ petition has been filed by the petitioner seeking directions from this Court for release of payments in respect of works executed by the petitioner under the Addl. Chief Engineer, PWRD, Barak Valley, Silchar, Assam 3. The Petitioner was awarded the work i.e. Construction of Road from NH- 44 Saidkhani and Niyamatkhani under CM’s Special Package for Barak Valley, Phase-II for the year 2014-15 (From Ch.0.00m to Ch. 3400.00m) (Balance Work) on 03.02.2020 by the respondent No. 3. 4. In pursuance to which, the petitioner duly executed all the works allotted and submitted his bills. The completion certificate dated 15.02.2022 was also issued by the Executive Engineer, PWRD, Karimganj North, Karimganj South & Badarpur, Territorial Road Division, Karimganj and Asstt. Executive Engineer, Page No.# 3/4 PWRD, Karimganj South, Territorial Road, Sub-Division, Nilambazar certifying that the works had been completed (100%) by the contractor as per specification drawing & tender agreement, which is enclosed as Annexure-7 in the writ petition. The bills which were raised remained pending and only a part amount of Rs. 1,25,00,000/- (Rupees One Crore Twenty five Lakh only) was released, whereas the remaining amount of Rs. 19,97,626/- (Rupees Nineteen Lakh Ninety Seven Thousand Six Hundred Twenty Six Only) inclusive all deduction & recoveries as per rule is yet to be released. The petitioner represented before the authority requesting for release of his pending dues but no response was forthcoming from the respondent authority. Under such circumstances, left with no alternative, the petitioner has come before this Court praying for a direction for release of the said amount. 5. Having heard the learned counsel for the parties and upon perusal of the pleadings on record, it is seen that there is a completion certificate dated 15.02.2022 issued by the Executive Engineer, PWRD, Karimganj North, Karimganj South & Badarpur, Territorial Road Division, Karimganj and Asstt. Executive Engineer, PWRD, Karimganj South, Territorial Road, Sub-Division, Nilambazar in which the works had been completed (100%) by the contractor as per specification drawing & tender agreement. The amount paid and the outstanding amount required to be paid is clearly reflected. Details of work executed are also reflected. The said completion certificate is also accompanied by verification report by the Executive Engineer, PWRD. 6. Under such circumstances, this Court finds that the works executed and the claims raised by the petitioner are admitted by the department. Therefore it appears that the claims of the petitioner in respect of outstanding dues were Page No.# 4/4 kept pending without any justifiable reasons. Accordingly this writ petition is disposed of with a direction to the respondent No. 2, Chief Engineer, PWD (Roads), Assam, to look into the grievances of the petitioner. The Chief Engineer, PWD(Roads) Assam will cause necessary verification into the claims of the writ petitioner to be conducted and thereafter, take steps as expeditiously as possible for release of the outstanding amount claimed to be pending and required to be paid by the Department. 7. The outstanding dues found if payable after verification will be made to the petitioner will be in terms of the guidelines laid down in Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1, 8. The entire exercise of verification of the claims is directed to be completed within a period of 120 days from the date of receipt of the certified copy of this order. 9. Accordingly, the writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant