M/S D. KUMAR AND SALES AND ANR. v. THE STATE OF ASSAM AND 4 ORS.
WP(C)/1756/2024 · 2025-08-31
Kardak Ete
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 9834 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9834 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010064292024
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C)/1756/2024 M/S D. KUMAR AND SALES AND ANR. REPRESENTED BY ITS MARKETING HEAD ALOK DAS WITH ITS REGISTERED OFFICES AT 4A MAYUR GARDEN ABC G.S.ROAD GUWAHATI- 781005 KAMRUP (M) ASSAM 2: SRI ALOK DAS S/O- ASHOK KR. DAS RESIDENT OF LACHIT GARH PATH GARCHUK GUWAHATI- 781005 KAMRUP (M) ASSAM VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SPECIAL CHIEF SECRETARY GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI-6 2:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-06
Page No.# 2/3 3:THE SECRETARY GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI-6 4:THE CHIEF ENGINEER (WATER) PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI-36 5:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT MORIGAON DIVISION MORIGAON ------------ Advocate for : MR. M SARMA Advocate for : SC P H E appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 01.09.2025
Heard Mr. M. Sarma, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned Standing Counsel, PHED appearing for the respondents. 2. By filing this petition, the petitioner has prayed for a direction to the respondent authorities to release the outstanding amount of Rs.3,61,268/- to the petitioner on account of execution of FRP (Fibre Reinforced Plastic) DTR fencing (2.15x2.15x1.8)m including civil work around the transformer of Barangabari PWSS under NRDWP (JJM). 3. It is the contention of the learned counsel for the petitioner that pursuant to the NIT, the petitioner was awarded the work of FRP (Fibre Reinforced Plastic) DTR fencing (2.15x2.15x1.8)m including civil work around the transformer of Barangabari PWSS under NRDWP (JJM). 4. Mr. M. Sarma, learned counsel for the petitioner submits that the petitioner has completed the above work with the satisfaction of the concerned authorities for which, the part payment of the outstanding bill of the petitioner have been made by the respondent authorities. However, the
Page No.# 3/3 remaining amount of Rs.3,61,268/- has not been paid as on date despite several approaches and therefore, prays for a direction to the respondent authorities to release the remaining amount to the petitioner. 5. Mr. R.R. Gogoi, learned Standing Counsel, PHED submits that instruction in this regard is awaited. 6.
Having considered the submission of the learned counsel for the parties, I am of the view that the writ petition can be disposed of with a direction to the respondent authorities to verify the claim of the petitioner and pay the amount claimed, if found admitted. 7. Accordingly, it is directed that the respondent authorities in the department of PHED, Govt. of Assam shall verify the claim of the petitioner within a period of 2 (months) from the date of receipt of the certified copy of this order and in the event, if it is found admitted, same shall be released within 2 (two) months thereafter. Writ petition is accordingly disposed of. JUDGE Comparing Assistant