Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010056082024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1523/2024 SUBAL BHOWMIK S/O- LATE KALIPADA BHOWMIK, R/O- KEDIAPURAM, P.O. HOJAI, DIST. HOJAI-782439. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-781006.
2:THE EXECUTIVE ENGINEER (PHE) HOJAI DIVISION HOJAI NAGAON DISTRICT PIN- 782435.
3:THE ASSISTANT EXECUTIVE ENGINEER (PHE) HOJAI DIVISION HOJAI NAGAON DISTRICT-782435.
4:THE ACCOUNTS OFFICER (PHE) HOJAI DIVISION HOJAI NAGAON DISTRICT-782435 Advocate for the Petitioner : MS. B CHOWDHURY, IMSENKALA Advocate for the Respondent : SC, P H E,
Page No.# 2/3
BEFORE HONOURABLE MR. JUSTICE KARDAK ETE
ORDER Date : 29.08.2025
Heard Ms. B. Choudhury, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned Standing Counsel, PHED appearing for all the respondents. 2. By filing this writ petition, the petitioner has challenged the action of the respondents in not disbursing the outstanding dues payable to the Petitioner, for the three schemes namely Ampukhri, PWSS; Dakhin Laskar Pathar and Hazang Basti. The said work concerned the installation of 150mm X 150mm size deep tube well with drilling Rig (rotary) including supplying material other than casing pipes and strainer at Ampukhuri PWSS painting colour washing of different units such as T.P. sump, pump house and boundary wall with painting of iron gate etc. at Dakhin Laskar Pathar PWSS under the programme Non Plan (defunct); for laying of distribution network (labour charge only) approx. length 1732.00M including construction of RCC hydrant piliar, c.c. platform, drain & valve chamber at Dakhin Laskar Pathar PWSS under the programme Non-Plan (defunct); for repairing of boundary wall at Hazang Basti PWSS under the programme Non Plan (defunct); for supplying, fitting, & fixing of sign board at Hazang Basti PWSS under the programme Non Plan (defunct) for paining of different T.P. unit including boundary wall at Hazang Basti PWSS under the programme Non Plan (defunct); for supply and placing of filter media at T.P. of Hazang Basti PWSS under the programme Non-Plan (defunct) for the year 2014-15, under Hojai PHE Division Public Work Supply Scheme. 3. It is the case of the petitioner that upon completion of the works, the petitioner submitted bills amounting to Rs.13,01,554/- before the respondent authorities, and upon due verification, the respondent authorities issued the work completion certificate. Thereafter, the petitioner verbally approached the respondent authorities for release of the said amount, whereupon the respondent authorities assured that the fund would be released; however, till date, no payment has been made in favour of the petitioner. 4. The learned counsel for the petitioner submits that the petitioner had submitted various representations to the respondent authorities for release of the amount. However the said amount of Rs.13,01,554/- has not been paid as on date. Therefore, prayed for a direction to release the said
Page No.# 3/3 amount to the petitioner. 5.
Considering the above, this Court is of the view that the instant writ petition can be disposed of with a direction to the respondent authorities to verify the claim of the petitioner and if found admitted, shall pay an amount of Rs.13,01,554/- to the petitioner. 6. Accordingly, the writ petition is disposed of with a direction to the respondent authority to verify the claim of the petitioner within 1 (one) month from the date of receipt of the certified copy of this
order. In the event, if it is found admitted, same shall be paid within 2 (two) months thereafter.
7. Writ petition stands disposed of.
JUDGE Comparing Assistant