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2025 DAILYLAW 6781 (GAU)

MD ALAUDDIN CHOWDHURY v. THE STATE OF ASSAM AND 3 ORS

WP(C)/612/2024 · 2025-08-17

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC010087142024 2025:GAU-AS:11131 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/612/2024 MD ALAUDDIN CHOWDHURY S/O- LATE MURAQUIB ALI RESIDENT OF MATIKHULA P.O AMBARI P.S. MURAZAR DISTRICT- HOJAI- 782439 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI- 781006 2:THE EXECUTIVE ENGINEER (PHE) HOJAI DIVISION HOJAI NAGAON DISTRICT- 782435 3:THE ASSISTANT EXECUTIVE ENGINEER (PHE) HOJAI DIVISION HOJAI NAGAON DISTRICT- 782435 4:THE ACCOUNTS OFFICER (PHE) HOJAI DIVISION HOJAI NAGAON DISTRICT- 782435 ------------ Page No.# 2/4 For the Petitioner(s) : Ms. B. Chowdhury, Advocate For the Respondent(s) : Mr. R. R. Gogoi, SC, PHE BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 18.08.2025 The instant petition has been filed being aggrieved by the inaction on the part of the respondent authorities in not making payment of the bills of the petitioner. 2. The case of the petitioner herein is that on 04.01.2016, work order for upgradation of clear water underground reservoir (capacity 60,000 Liters) at Dakshin Sabajpur Public Works Supply Scheme was issued to the petitioner by the respondent No.2. On 25.02.2016 and 15.04.2016, similar such work orders were also issued for installation of 150 mm x 150 mm dia Deep Tubewell, with UPVC pipes (Rig boring) at Dakshin Samorali; construction of temporary approach road by earth filing and brick soiling for placing of rig at Dakhin Samorali Public Work Supply Scheme under Revival of defunct Public Work Supply Scheme; construction of boundary fencing at Dakhin Samorali Public Work Supply Scheme and for site development at Dakhin Samorali, for the Public Work Supply Scheme under revival of defunct public work supply scheme by the respondent authorities. 3. It is the case of the petitioner that upon completion of the tendered works, the petitioner submitted bills amounting to Rs.14,70,712/- before Page No.# 3/4 the respondent authorities, and upon due verification, the respondent authorities issued the work completion certificate. Thereafter, the petitioner verbally approached the respondent authorities for release of the said amount, whereupon the respondent authorities assured that the fund would be released; however, till date, no payment has been made in favour of the petitioner. 4. The learned counsel for the petitioner submitted that the petitioner had submitted various representations to the respondent authorities for release of the amount however the said amount of Rs.14,70,712/- is still pending, for which the petitioner has approached this Court under Article 226 of the Constitution. 5. It is seen that pursuant to the order passed by this Court on 23.07.2025, a verification was conducted by the respondent authorities and it was found that out of the amount of Rs.14,70,712/- as claimed by the petitioner, the petitioner is actually entitled to an amount of Rs.13,59,779/- which have been duly mentioned at paragraph No.3 of the said affidavit-in-opposition. Further to that, the said paragraph has been supported by an enclosure marked as Annexure-1 to the affidavit in opposition. 6. Considering the above, this Court therefore disposes of the instant writ petition with a direction to the respondent authorities to pay the amount of Rs.13,59,779/- to the petitioner within a period of 6 (six) months from the date a certified copy is served upon the respondent No.2 after carrying out necessary statutory deductions, if so required. 7. This Court further observes that as the remaining amount of Page No.# 4/4 Rs.1,10,933/- have been disputed by the respondent authorities by filing the affidavit, the petitioner would be at liberty to approach the Civil Court seeking redressal of its grievances. 8. With the above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant