Page No.# 1/4 GAHC010035892025 2025:GAU-AS:13177 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1110/2025 NARENDRA BORAH S/O- LATE KUSHRAM BORAH, R/O- VILLAGE SWADESH NAGAR, KHANAPARA, P.S- BASISTHA, P.O- KHANAPARA, DIST- KAMRUP (M), ASSAM, PIN-781022 VERSUS THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, PUBLIC HEALTH DEPARTMENT, GUWAHATI-06, KAMRUP(M), ASSAM 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI-06 KAMRUP METRO ASSAM 3:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI CIRCLE BAMUNIMAIDAM GUWAHATI-21 KAMRUP(M) ASSAM 4:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT STORE AND WORKSHOP DIVISION BAMUNIMAIDAM GUWAHATI-21 KAMRUP(M) Page No.# 2/4 ASSAM 5:THE ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING LOWER ASSAM ZONE BAMUNIMAIDAM GUWAHATI-21 ASSAM 6:THE ASSISTANT ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT MECHANICAL SECTION BETKUCHI GUWAHATI-21 ASSAM 7:THE SITE INCHARGE AE/JE (JUNIOR ENGINEER) PUBLIC HEALTH ENGINEERING DEPARTMENT STORE SUB-DIVISION BAMUNIMAIDAM GUWAHATI-21 ASSAM 8:THE ADDITIONAL EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT STORE SUB-DIVISION BAMUNIMAIDAM GUWAHATI ASSA Advocate for the Petitioner : MS ANGANA DAS, MR. P TALUKDAR Advocate for the Respondent : SC, P H E, BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI ORDER 24.09.2025 Heard Ms. D Angana, learned counsel for the petitioner. Also heard Mr. R R Gogoi, learned Standing counsel, PHE for the respondents. 2. By way of this instant writ petition under Article 226 of the Constitution of India, Page No.# 3/4 the petitioner is seeking release of the outstanding contractor’s bill amount of the petitioner amounting to Rs. 7,83,867/- (Rupees Seven Lakh Eighty Three Thousands Eight Hundred Sixty Seven) only, against two work orders, namely, (i) Order No. ACE/PHE/LA/TC-182(PT-I)/Vol-I/2022-23/3170 dated 03.02.2023 and (ii) Order No. ACE/PHE/LA/TC-182(PT-I)/2022-23/3176 dated 03.02.2023 issued by the Additional Chief Engineer (PHE), Lower Assam Zone, Bamunimaidam, Guwahati-21. 3. It appears that the works executed by the petitioner under the aforesaid two work orders have been admitted by the Executive Engineer, PHE, Store and Workshop Division, Betkuchi (Annexure- 3 & 4 to this writ petition). 4. It further appears that the respondent No. 3 in the affidavit-in-opposition filed on 18.08.2025 has stated as under – “5. That the deponent begs to state that a demand for funds amounting to Rs. 7,83,867/- (Rupees Seven Lakh Eighty Three Thousands Eight Hundred Sixty Seven only) was placed before the higher authorities for release of funds, as follows- i. Letter dated 17.04.2025 addressed to Supretending Engineer, PHE. ii. Letter dated 17.05.2025 addressed to Chief Engineer, PHE and iii. Letter dated 18.06.2025 addressed to the Secretary to the Government of Assam, PHE. 6. That the deponent begs to state that payment of contractual dues to the petitioner is subject to either receipt or to get release of requisite fund is to be obtained from the Government. ” 5. It appears that the admitted outstanding dues of the petitioner has been pending due to non-availability of funds. 6. Non-availability of funds cannot be a ground for depriving the legitimate dues of the petitioner. 7. Accordingly, the instant writ petition, in the interest of justice, is disposed of, with Page No.# 4/4 a direction to the respondent authorities to verify the claim of the petitioner and if upon such verification, the petitioner is found to be entitled, the outstanding dues shall be released to the petitioner within a period of 3 (three) months from the date of receipt of certified copy of this order. 8. With the above observation and direction, this writ petition, stands allowed and disposed of. JUDGE Comparing Assistant