Page No.# 1/4 GAHC010046102023 2025:GAU-AS:10223 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1308/2023 M/S JAYANTI CONTRACTORS AND ENGINEERS LTD REP. BY ITS PROPRIETOR NAMELY - DINESH AGARWAL, AGE -60, S/O- KANHAYA LAL AGARWAL, R/O- H.NO-41, JAWAHAR NAGAR, KHANAPARA, P.O- KHANAPARA, P.S- DISPUR, DIST- KAMRUP (M), ASSAM, PIN-781022 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS (ROADS) DEPARTMENT, DISPUR, GUWAHATI- 6. 2:THE CHIEF ENGINEER PWD (ROADS) ASSAM CHANDMARI GUWAHATI-03 3:THE SUPERINTENDING ENGINEER PWD GUWAHATI ARIASP CIRCLE BAMUNIMAIDAM GUWAHATI-21 4:THE EXECUTIVE ENGINEER PWD (R) GUWAHATI CITY DIVISION NO-III BAMUNIMAIDAM GUWAHATI-21 5:THE ASSISTANT EXECUTIVE ENGINEER PWD (R) Page No.# 2/4 GUWEAHATI CITY SUB-DIVISION NO-II For the Petitioner(s) : Mr. A. F. N. U. Mollah, Advocate For the Respondent(s) : Mr. B. Gogoi, SC, PWD BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 04.08.2025 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 the respondent No.2 i.e. the Chief Engineer, PWD (Roads) issued a work order bearing No.CE/CW/19/2012-13/Pt-I/17 dated 06.12.2012 in favour of the petitioner firm pursuant to its tender for Maintenance and Repair to Nakhora Bhakatgaon Manoha Rajamayong Kajalichoki (NBMRK) Road (Jhargaon to Kajalichoki) providing SDBC, WBM in stretches repair of boulder protection work and road side kutcha drain in stretches guard post etc. under H/A 3054 (Non-Plan) for the year of 2012-13 of Guwahati City Division No.III, Package No.CW/RM/02 at a bid price of Rs.3,44,69,964/- which was subsequently enhanced at the value of Rs.3,74,52,160/-. 3. It is the case of the petitioner that the petitioner successfully Page No.# 3/4 executed the works and the respondent No.4 issued work completion certificate dated 29.08.2014 in favour of the petitioner. The learned counsel for the petitioner submitted that the respondent No.4 submitted the statement of final bill on 11.02.2015 for an amount of Rs.3,13,32,463/- only out of the enhanced value of Rs.3,74,52,160/- and after adjustment of the amount already paid, the petitioner is now entitled to a balance amount of Rs.29,81,514/-. It is the case of the petitioner that the petitioner had submitted various representations to the respondent authorities for release of the amount however the said amount of Rs.29,81,514/- is still pending, for which the petitioner has approached this Court under Article 226 of the Constitution. 4. Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the PWD submits that as to whether the petitioner has completed the work in terms with the work order in question is a subject matter of verification which needs to be carried out by the respondent authorities and it is only on the basis of such verification, the actual entitlement of the petitioner could be ascertained. 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 petitioner has completed the work in accordance with the work orders mentioned hereinabove and thereupon to ascertain the exact amount to which the petitioner is entitled to, if any. 6. It is under such circumstances, this Court therefore disposes of the Page No.# 4/4 instant writ petition thereby directing the respondent authorities more particularly the respondent Nos. 2, 3 and 4 to verify the entitlement of the petitioner on the basis of the tender conditions as well as the formal work order which was issued in favour of the petitioner and as to whether the petitioner has completed the work in question and thereupon, after verification if it is found that the petitioner is entitled to any amount, the same should be paid to the petitioner 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 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. 7. With above observations and directions, the instant writ petition stands disposed of. JUDGE Comparing Assistant