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2025 DAILYLAW 9269 (GAU)

SHYAMAL PAUL v. THE STATE OF ASSAM AND 3 ORS

WP(C)/1530/2024 · 2025-08-28

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010056262024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1530/2024 SHYAMAL PAUL S/O- LATE KUSH CHANDRA PAUL, R/O- GOBINDAPALLY, P.O. HOJAI, DIST. HOJAI, PIN- 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-78243 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 petitioenr. Also heard Mr. I. Borthakur, learned Standing Counsel, PHE appearing for all the respondents. 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. By filing this writ petition, the petitioner has challenged the the action/inaction of the respondents in not disbursing the outstanding dues payable to the Petitioner, for repairing of 3. H.P. submersible pump set at Khring Khring PWSS; for repairing of panel board at Khring Khring PWSS; for laying of distribution network (Labour charge only) Approx. length= 2300.00M including construction of GH- RCC hydrant pillar, c.c. platform, drain & valve chamber etc. at Khring Khring PWSS which damaged by PMGSY road; for earth filling at T.P. site 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.3,23,323/- 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.3,23,323/- has not been paid as on date. Therefore, prayed for a direction to release the said 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.3,23,323/- 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 Page No.# 3/3 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