KRISHNA KANTA KAKATI v. THE STATE OF ASSAM AND 3 ORS.
WP(C)/1537/2025 · 2025-09-07
Kardak Ete
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 8480 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8480 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010043402025
2025:GAU-AS:12181
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1537/2025 KRISHNA KANTA KAKATI S/O- LATE BHADRA KANTA KAKATI, R/O- VILLAGE- GUIMARI, P.O.- PUB GUIMARI, P.S.- KAMPUR, NAGAON- 782425, ASSAM. VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS DEPARTMENT, DISPUR, PIN- 781006, ASSAM 2:THE CHIEF ENGINEER PUBLIC WORKS (ROADS) DEPARTMENT CHANDMARI GUWAHATI ASSAM PIN- 781003. 3:THE EXECUTIVE ENGINEER PUBLIC WORKS (ROADS) DEPTT BATADRAVA DHING AND RAHA TERRITORIAL ROAD DIVN NAGAON ASSAM PIN- 782001. 4:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY NAGAON ASSAM PIN-78200 Advocate for the Petitioner : MR P BHARDWAJ, MR M C KAKOTI
Page No.# 2/3 Advocate for the Respondent : SC, PWD, GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 08-09-2025 Heard Mr. P. Bhardwaj, learned counsel for the petitioner. Also heard Ms. M. Das, learned Standing Counsel, PWD for the respondent Nos. 1, 2 & 3 and Mr. S. R. Baruah, learned State Counsel for the respondent No. 4. 2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the outstanding bill amount of Rs. 44,13,894.00/- (Rupees Forty Four Lakhs Thirteen Thousand and Eight Hundred Ninety Four) on account of execution of work of “Temporary Restoration of Flood Damaged to Changchaki Bakulaguri Road at Bakulaguri (CH.20500.00M 20750.00M) Under SDRF for the year 2022-23 (Construction of Ring Bundh Cum Embankment)”. 3. The case of the petitioner is that he is a registered contractor, who executes different contractual works under various Departments of the Government of Assam. He was awarded work for “Temporary Restoration of Flood Damaged to Changchaki Bakulaguri Road at Bakulaguri (CH.20500.00M 20750.00M) Under SDRF for the year 2022-23 (Construction of Ring Bundh Cum Embankment)”, vide work order dated 18.08.2022. It is contended that the petitioner has executed and completed the above work, for which completion certificate was issued by the Executive Engineer, PWRD, Batadrava, Dhing & Raha T.R. Division, certifying that the work has been physically verified and found completed by the petitioner. 4. Ms.
M. Das, learned Standing Counsel, PWD by referring to the affidavit-
Page No.# 3/3 in-opposition filed by the respondent No. 2, submits that proposal for obtaining Financial Sanction for the aforesaid work has been sent to the Administrative Department vide letter dated 05.11.2022 and upon completion of the process of approval and sanction, same shall be released to the petitioner. 5. Having considered that the petitioner has executed and completed the work for “Temporary Restoration of Flood Damaged to Changchaki Bakulaguri Road at Bakulaguri (CH.20500.00M 20750.00M) Under SDRF for the year 2022- 23 (Construction of Ring Bundh Cum Embankment)” and also considering that the claim amount of Rs. 44,13,894.00/- (Rupees Forty Four Lakhs Thirteen Thousand and Eight Hundred Ninety Four) is not disputed rather the process has already been initiated for sanction and approval of the amount for payment, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to release the admitted amount of Rs. 44,13,894.00/- (Rupees Forty Four Lakhs Thirteen Thousand and Eight Hundred Ninety Four) to the petitioner. 6. Accordingly, the respondent authorities are directed to release the outstanding amount of Rs. 44,13,894.00/- (Rupees Forty Four Lakhs Thirteen Thousand and Eight Hundred Ninety Four) to the petitioner, within a period of 4 (months) months from the date of receipt of the certified copy of this order. 7. Writ petition stands disposed of. JUDGE Comparing Assistant