Page No.# 1/4 GAHC010064292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) WP(C)/1815/2024 M/S D. KUMAR AND COMPANY REP. BY ITS MARKETING HEAD ALOK DAS WITH ITS REGD. OFFICES AT 4A MAYUR GARDEN ABC G.S ROAD GUWAHATI-05 KAMRUP (M) ASSAM 2: ALOK DAS SON OF ASHOK KUMAR DAS RESIDENT OF LACHIT GARH PATH GARCHUK GUWAHATI- 781035 KAMRUP(M) ASSAM. VERSUS THE STATE OF ASSAM AND 5 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-6. Page No.# 2/4 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 ADDITIONAL CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT UPPER ASSAM ZONE NAGAON. 6:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT KALIABOR DIVISION KALIABOR ------------ Advocate for : MR. M SARMA Advocate for : SC P H E appearing for THE STATE OF ASSAM AND 5 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.11,33,426/- to the petitioner on account of the following works, which are quoted herein below:- “1. For Design and construction of 40.0Cum capacity Hot Press Moulded Thermosetting Glass fiber Reinforced polyester Resin (GRP) conforming to 15 14399 (part 1 & 2)1996) Elevated service Reservoir with 16M MS staging (having MS inspection deck on all side of the reservoir) with suitable RCC Foundation including conducting sub soil investigation work and providing all necessary Page No.# 3/4 appurtenances viz., inlet/outlet/overflow /draining/ piping arrangement with control valves MS ladder with guard ring for ascending to the inspection canopy and then to the Roof of the Reservoir Air vent pipes Manhole with frame and cover at roof float operated inlet valve calibrated water level indicator, lightening arrestor with minimum 2nos. Copper plate Earth station Solar power operated Aviation Warning Lamp with auto switch ON/OFF devices painting of the MS staging supporting deck & inspection deck with anti corrosive paing over priming coat et. And testing of the Reservoir for water tightness for a duration of minimum 48 h ours all complete ( as per all relevant BIS specification) as directed and specified for Naimatpara PWSS under Kaliabor (PHE) Division. 2. For Design and construction of 40.0Cu.m capacity Hot Press Moulded Thermosetting Glass fiber Reinforced polyester Resin (GRP) | conforming to IS 14399 (part 1 & 2)1996] Elevated service Reservoir with 16M MS staging (having MS inspection deck on all side of the reservoir) with suitable RCC Foundation including conducting sub viz inlet/outlet soil investigation work and providing all necessary appurtenances /overflow/draining piping arrangement with control valves M S ladder with guard ring for ascending to the inspection canopy and then to the Roof of the Reservoir Air vent pipes Manhole with frame and cover at roof float operated inlet valve calibrated water level Indicator, lightening arrestor with minimum 2nos Copper plate Earth station Solar power operated Aviation Warning Lamp with auto switch ON/OFF devices painting of the M.S staging supporting deck & inspection deck with anti corrosive paint over priming coat etc and testing of the Reservoir for water tightness for a duration of minimum 48 hours all complete (as per all relevant BIS specification) as directed and specified for Dakhin Puthikhaity PWSS under Kaliabor (PHE) Division.” 3. It is the contention of the petitioner that pursuant to the NIT, the petitioner was awarded the above quoted works, which have been satisfactorily executed. 4. Mr. M. Sarma, learned counsel for the petitioner submits that the petitioner has completed the above works with the satisfaction of the concerned authorities for which, the part payment of the outstanding bill amount has been made by the respondent authorities. However, the remaining amount of Rs.11,33,426/- 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 on instruction fairly submits that the amount claimed by the petitioner is an admitted amount. However, due to paucity or non-availability of required fund, the same could not be paid to the petitioner and submits that as and when, fund is available, the aforesaid amount claimed by the petitioner shall be paid. 6. Having considered the submissions made by the learned counsel for the parties and considering that the amount of Rs.11,33,426/- claimed by the petitioner is an admitted amount, I am of the view that the petitioner cannot be made to suffer due to non-availability of fund that too when the works have already been satisfactorily executed and completed. 7. Thus, it would be appropriate to dispose of the writ petition with a direction to the respondent Page No.# 4/4 authorities by granting reasonable time to make payment of the admitted and undisputed amount to the petitioner. 8. Accordingly, it is directed that the respondent authorities in the department of PHED, Govt. of Assam shall release the admitted amount of Rs.11,33,426/- to the petitioner within a period of 4 (four) months from the date of receipt of the certified copy of this order. Writ petition is accordingly disposed of. JUDGE Comparing Assistant