Page No.# 1/4 GAHC010049842019 2025:GAU-AS:9711 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1985/2019 M/S. PRIME ENGINEERS AND CONTRACTOR REP. BY ITS PARTNER PRASANTA SARMAH, S/O- LT NITYA NANDA SARMAH, R/O- CHIRANG CHAPORI, P.O. AND P.S. DIBRUGARH, DIST- DIBRUGARH, ASSAM, PIN- 786006, ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMM. ND SECY. DEPTT. OF HEALTH, GOVT. OF ASSAM, DISPUR, GHY-6 2:THE MISSION DIRECTOR NATIONAL HEALTH MISSION CHRISTIAN BASTI SAIKIA COMPLEX G.S.ROAD GHY ASSAM 3:THE JOINT DIRECTOR OF HEALTH SERVICES DIBRUGARH ASSAM PIN- 786006 4:THE CONSULTANT (CIVIL WORK) NATIONAL HEALTH MISSION SAIKIA COMMERCIAL COMPLEX CHRISTIAN BASTI SRI NAGAR G.S.ROAD GHY-5 Page No.# 2/4 5:THE PROJECT ENGINEER NATIONAL HEALTH MISSION JORHAT (ZONE-A) ASSAM PIN 6:THE ASSTT. ENGINEER NATIONAL HEALTH MISSION DIBRUGARH ASSAM PIN- 78600 For the petitioner (s) : Ms. T. Wapangla, Advocate For the respondent (s) : Ms. A. Das, SC, NHM BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 28.07.2025 The instant writ petition is filed by the petitioner challenging the non-payment of full and final payment of an amount of Rs.5,24,084/- for the work awarded to it vide the letter dated 20.03.2010 issued by the Mission Director, National Rural Health Mission, Khanapara, Guwahati for the construction of “Upgradation of SC to PHC at 1No. Ghuraghas in Dibrugarh District” under NRHM on Turn Key Basis. 2. The case of the petitioner herein is that after accepting the bid offered by the petitioner for construction of “Upgradation of Page No.# 3/4 SC to PHC at 1No. Ghuraghas in Dibrugarh District” under NRHM on Turn Key Basis, the respondent authorities issued a notice dated 20.03.2010 asking the petitioner for execution of the work. It is stated that the contract price was Rs.45,37,454/- and the respondent authorities had already paid an amount of Rs.40,13,370/- during the pendency of the work taking into consideration of the progress of allotted work, but the remaining balance amount of Rs.5,24,084/- has not been paid despite several reminders. Further to that, it is stated that the respondent authorities has also not released the security deposit of an amount of Rs.4,53,745/- to the petitioner. Being aggrieved, the petitioner has approached this Court by filing the instant writ petition. 3. Ms. T. Wapangla, the learned counsel appearing on behalf of the petitioner submits that during the pendency of the writ petition, the final bill of an amount of Rs.5,24,084/- has already been paid to the petitioner. However, the security deposit of the amount of Rs.4,53,745/- has not yet been paid inspite of completion being made to the satisfaction of the respondent authorities. 4. The learned counsel appearing on behalf of the of the respondents has placed before this Court an instruction dated 23.07.2025 issued by the Consultant (CW), National Health Page No.# 4/4 Mission, Assam. In terms with the said instruction, it is stated that the file as regards the payment of the security deposit has already been processed. It was further mentioned that there was a delay on account of non-receipt of the no liability certificate from the district. However as the no liability certificate has already been received, the security deposit would be released soon. 5. Taking into account the above, this Court disposes of the instant writ petition thereby directing the Mission Director, National Health Mission, i.e. the respondent No.2 to release the security deposit of the amount of Rs.4,53,745/- within a period of 2 (two) months from the date a certified copy of the instant order is served upon the respondent No.2. JUDGE Comparing Assistant