Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010056242024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1529/2024 KISHALAY GUPTA S/O- LATE HIRALAL GUPTA, 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-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 : 03.09.2025
Heard Ms. B. Chowdhury, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned Standing Counsel, PHED appearing for all the respondents. 2. By filing this petition, the petitioner has prayed for a direction to release the outstanding bill amount of Rs.9,65,661/- on account of the following works:- i) For laying of distribution net work (Approx. length 2324.00M) for Dakhin Samorali PWSS under Revival of defunct PWSS; ii) For construction of clear water pump house over UGR at Dakhin Samorali PWSS under the programme Non Plan (Defunct) for the year 2014-15; iii) For up-gradation of rapid sand filter (4.00M size) at Dakhin Samorali PWSS iv) For Inter connection between T.P. & UGR at Dakhin Samorali PWSS under the programme Non Plan (Defunct) for the year 2014-15; v) For revival of Raw Water Gravity main from Intake point to T.P. side at Hill area at Bheluguri PWSS under the programme Non Plan (Defunct) for the year 2014-15. 3. The petitioner was issued with the work orders on different dates for construction of the above works. 4. Learned counsel for the petitioner submits that on awarding the works, the petitioner has executed and completed the works with the satisfaction of the respondent authorities, for which, the respondent authorities have issued completion certificate for all the works. 5. It is submitted that the petitioner has approached the respondent authorities for payment of the outstanding amount of Rs.9,65,661/-. But the respondent authorities have failed to pay the admitted amount as on date. 6. Mr. R.R. Gogoi, learned Standing Counsel, PHE submits that although he has received
Page No.# 3/3 instruction, the same does not indicate whether the amount is admitted or denied. However, he fairly submits that the writ petition can be disposed of with a direction to the respondent authorities to verify the claim of the petitioner and if found admitted, may be directed to pay the outstanding bill amount of Rs. 9,65,661/- to the petitioner. 7. Considered the submission of learned counsel for the parties and have perused the materials annexed to the writ petition. 8. Admittedly, the petitioner was allotted the aforesaid works which is fortified from the completion certificate issued by the respondent authorities. 9.
Having considered that the petitioner has executed the works awarded to him and for which, the completion certificate has been issued by the concerned authorities and also considering the submission of the learned Standing Counsel, PHE, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to verify the claim of the petitioner and if found admitted, to pay an amount of Rs. 9,65,661/- to the petitioner. 10. Accordingly, the writ petition is disposed of with a direction to the respondent authority to verify the claim of the petitioner within 2 (two) 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.
11. Writ petition stands disposed of.
JUDGE Comparing Assistant