Page No.# 1/5 GAHC010027722023 2025:GAU-AS:14036 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/879/2023 KALYAN KUMAR ACHARJEE AND 2 ORS S/O- KSHITISH CHANDRA ACHARJEE, R/O STATION ROAD, WARD NO. 6, KOKRAJHAR, ASSAM, PIN- 783370. 2: ALOK SENGUPTA S/O- ANIL SENGUPTA R/O BIDHANPALLY WARD NO. 3 KOKRAJHAR ASSAM PIN- 783370. 3: BIMAL DEBNATH S/O- LT. MAKHAN DEBNATH R/O SANTINAGAR WARD NO. 2 KOKRAJHAR ASSAM PIN- 783370 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, PWD DEPARTMENT, DISPUR, GHY- 781006, ASSAM. Page No.# 2/5 2:THE CHIEF ENGINEER PWD CHANDMARI GUWAHATI- 781003 DIST.- KAMRUP(M) ASSAM. 3:THE ADDITIONAL CHIEF ENGINEER P.W.D. ELECTRICAL ASSAM CHANDMARI GUWAHATI- 781003 DIST. KAMRUP(M) ASSAM. 4:THE SUPERINTENDING ENGINEER P.W.D. ELECTRICAL ASSAM CHANDMARI GUWAHATI- 781003 DIST.- KAMRUP(M) ASSAM. 5:THE EXECUTIVE ENGINEER P.W.D. TEZPUR ELECTRICAL DIVISION TEZPUR ASSAM For the Petitioner(s) : Mr. P.K. Das, Advocate For the Respondent(s) : Mr. B. Gogoi, Addl. A.G. BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 22.10.2025 Page No.# 3/5 The instant writ petition is filed by the petitioners challenging the inaction on the part of the Respondent Authorities in releasing the dues to which the petitioners are entitled to upon completion of the work allotted to them by the Superintending Engineer, P.W.D., Guwahati Electrical Circle, Fancy Bazar, Guwahati for “Construction of 2 (two) Storied R.C.C. Office Building with Three Storied Foundation for Accommodation of the Superintendent of Taxes, Biswanath Chariali Unit (Providing Internal & External Electrification)”. 2. The case of the petitioners herein is that they had completed the said work. The learned counsel for the petitioners submitted that the petitioners successfully executed the work and accordingly submitted the bills for the same. According to the petitioners, they are entitled to an amount of Rs. 6,60,275/-. 3. It is the case of the petitioners that the petitioners had submitted representation to the Respondent Authorities for release of the amount, however, the said amount of Rs. 6,60,275/- is still pending, for which, the petitioners have approached this Court under Article 226 of the Constitution of India. 4. Mr. B. Gogoi, the learned Additional Advocate General, Page No.# 4/5 Assam as well as the Standing Counsel for the PWD appearing on behalf of the respondents has placed before this Court a set of instruction(s) wherein it has been duly admitted that the petitioners are entitled to an amount of Rs. 6,60,153/-. The said set of instruction(s) is kept on record and marked with the letter “X”. 5. Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities to verify, as to whether, the petitioners have completed the work in question mentioned hereinabove and thereupon to ascertain the exact amount to which the petitioners are entitled to, if any. 6. It is under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the Respondent Authorities to verify the entitlement of the petitioners on the basis of the tender conditions as well as the formal work order which was issued in favour of the petitioners and, as to whether, the petitioners have completed the work in question and thereupon, after verification if it is found that the petitioners are entitled to any amount, the same should be paid to the petitioners in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be Page No.# 5/5 completed within a period of 1 (one) month from the date, a certified copy of the instant order is served upon the respondent No. 2, i.e. the Chief Engineer, P.W.D., Chandmari, Guwahati and payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali & Others (supra). 7. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant