Page No.# 1/3 GAHC010064292024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1769/2024 M/S D. KUMAR AND COMPANY 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: 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. 3:THE SECRETARY GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT Page No.# 2/3 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 DIBRUGARH DIVISION Advocate for the Petitioner : MR. M SARMA, Advocate for the Respondent : SC, P H E, SC, FINANCE 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.4,25,000/- to the petitioner on account of execution of design and construction of 60.0Cu.m capacity Hot Press Moulded Thermosetting Glass fiber reinforced polyester Resin (GRP) Elevated service Reservoir with 13M M.S. Staging with suitable RCC Foundation including conducting sub soil investigation work and providing all necessary appuntenances viz, inlet/outlet/overflow/draining piping arrangement On/OFF switch devices paining M.S. staging priming coat etc and testing of the Reservoir for water tightness for different PWSS under Garchinga PWSS under NRDWP of Dibrugarh (PHE) Division. 3. 3. It is the contention of the petitioner that pursuant to NIT No. 1 of 2019-2020, the petitioner was awarded the works for design and construction of 60.0Cu.m capacity Hot Press Moulded Thermosetting Glass fiber reinforced polyester Resin (GRP) Elevated service Reservoir with 13M M.S. Page No.# 3/3 Staging with suitable RCC Foundation including conducting sub soil investigation work and providing all necessary appuntenances viz, inlet/outlet/overflow/draining piping arrangement On/OFF switch devices paining M.S. staging priming coat etc and testing of the Reservoir for water tightness for different PWSS under Garchinga PWSS under NRDWP of Dibrugarh (PHE) Division of value of Rs.21,60,000/- with the stipulation of three months time period for completion. 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 of the petitioner has been made by the respondent authorities. However, the remaining amount of Rs.4,25,000/- 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 the 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.4,25,000/- 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 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.4,25,000/- 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