Page No.# 1/4 GAHC010019852025 2025:GAU-AS:12180 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/530/2025 RINKU DAS S/O- LATE DHIREN DAS, R/O- 18, R.K. HOUSE, NEAR DUKHIA STORE, JYOTINAGAR, BAMUNIMAIDAM, GUWAHATI, DIST. KAMRUP(M), ASSAM, PIN- 781021. VERSUS UNION OF INDIA AND 6 ORS. MINISTRY OF HOUSING AND URBAN AFFAIRS, NIRMAN BHAWAN, MAULANA AZAD ROAD, NEW DELHI-110011. 2:THE DIRECTOR GENERAL CENTRAL PUBLIC WORKS DEPARTMENT ROOM NO. 101-A NIRMAN BHAWAN MAULANA ROAD NEW DELHI-110011. 3:THE CHIEF ENGINEER (NER) CENTRAL PUBLIC WORKS DEPARTMENT GARCHUK GUWAHATI-781035. 4:THE ADDITIONAL DIRECTOR GENERAL (NER) CENTRAL PUBLIC WORKS DEPARTMENT GARCHUK GUWAHATI-781035. 5:THE SUPERINTENDENT ENGINEER PROJECT DIVISION-II CENTRAL PUBLIC WORKS DEPARTMENT GUWAHATI-781035. 6:THE ASSISTANT ENGINEER Page No.# 2/4 PROJECT DIVISION-II CENTRAL PUBLIC WORKS DEPARTMENT GUWAHATI-781035. 7:THE EXECUTIVE ENGINEER PROJECT DIVISION-II CENTRAL PUBLIC WORKS DEPARTMENT GARCHUK GUWAHATI-781035 Advocate for the Petitioner : MR H MAZUMDER, MR S J SAIKIA Advocate for the Respondent : DY.S.G.I., MRS. R DEVI (C.G.C),SC, PWD BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 08-09-2025 Heard Mr. SJ Saikia, learned counsel for the petitioner. Also heard Ms. R Devi, learned CGC appearing for the respondents. 2. By filing this writ petition, the petitioner has sought for a direction to the respondent authorities to release the outstanding bill amount of Rs. 28,60,229/- due to the petitioner for the work of “Construction of Office Building cum Training Hall cum Guest House, Staff Quarters and Technical Building at Government Sericulture Farm Topatoli, Kamrup, Assam, SH: C/o 2 Nos Type-II Quarters and 3 Nos. T-III Quarters including internal electric installation and fans.” 3. The case of the petitioner is that pursuant to the NIT issued by the Executive Engineer, Project Division-II, Central Public Works Department, Garchuk, Guwahati, the petitioner was awarded the work for Construction of Page No.# 3/4 Office Building cum Training Hall cum Guest House, Staff Quarters and Technical Building at Government Sericulture Farm Topatoli, Kamrup, Assam, including internal electric installation and fans. 4. It is contended that the petitioner has executed and completed the work to the satisfaction of the respondent authorities against which a Completion Certificate was issued by the Superintending Engineer, Guwahati Central Circle- II, C.P.W.D. Guwahati. However, the amount of Rs. 28,60,229/- has not been released to the petitioner despite repeated requests without any reason. 5. Mr. SJ Saikia, learned counsel for the petitioner submits that since the petitioner has satisfactorily executed the work and for which Completion Certificate has also been issued by the respondent authority, withholding the admitted amount of the petitioner is illegal and therefore the respondent authorities may be directed to release the admitted amount to the petitioner. 6. Ms. R Devi, learned CGC appearing for the respondents, referring to the affidavit filed on behalf of the respondents, submits that the admitted amount is Rs.24,83,037/- which is entitled to be paid to the petitioner. However, due to non-release of the funds by the Central Silk Board, the payment of the said amount of Rs.24,83,037/- could not be made to the petitioner. She submits that as and when the fund is released by the Central Silk Board, the petitioner will be paid within a period of 3 (three) months from the date of release of the fund by completing all the formalities for payment. 7. It is to be observed that non-availability of fund or non-release of the fund cannot be a ground to withhold the rightful entitlement of the petitioner as the Page No.# 4/4 amount of Rs.24,83,037/- is clearly admitted. 8. Considering that the respondent authorities have admitted the amount of Rs.24,83,037/- and also not disputed completion of the work of construction awarded to the petitioner, I deem it appropriate to allow the writ petition with a direction to the respondent authorities to pay the admitted amount of Rs.24,83,037/- to the petitioner within a period of 4 (four) months from the date of receipt of a certified copy of this order. It is accordingly ordered. It is needless to observe that as stated by the respondents the interest component of 7.5% can also be paid on the pending final bill amount after the date of submission of final bill by the petitioner in complete format. 9. The writ petition stands disposed of accordingly. JUDGE Comparing Assistant