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2026 DAILYLAW 10347 (GAU)

Amrjit Medhi, S/o. Late Paresh Medhi v. Guwahati Municipal Corporation, Represented Herein By Its Commissioner

2026-03-06

Devashis Baruah

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JUDGMENT : DEVASHIS BARUAH, J. Heard Mr. D. Gogoi, the learned counsel appearing on behalf of the Petitioner and Mr. P. Nayak, the learned Additional Advocate General, Assam appearing on behalf of the Respondents. 2. The instant writ 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. 3. The case of the Petitioner herein is that he is a registered contractor and has been undertaking works under the Guwahati Municipal Corporation. It is the further case of the Petitioner that vide Tender bearing No. GER/CE/2378/2023/26 dated 05.01.2024, the Respondent, Guwahati Municipal Corporation, invited sealed tenders for Cleaning, Desilting and Maintenance of 148 numbers of Major City Drains under the Mitigation of Urban Flood in Guwahati City under the Guwahati Municipal Corporation, DSLT-02. Pursuant thereto, the Petitioner was selected for Package No. DSLT-02 in the said Tender dated 05.01.2024, and thereafter the Respondent GMC issued a Letter of Acceptance dated 13.02.2024 to the Petitioner in respect of the said package. 4. The learned counsel for the Petitioner submitted that, pursuant thereto, the Respondent GMC, issued the consequential Formal Work Order dated 20.02.2024 to the Petitioner and directed him to proceed with the work in adherence to the conditions stipulated in the tender notice, and the contract price for the said work was Rs. 21,76,342/-. 5. The learned counsel appearing on behalf of the Petitioner further submitted that the Petitioner had executed the work within the stipulated time to the satisfaction of all concerned. In that regard, on 27.03.2025, the Executive Engineer, In-Charge, Division- I of the Guwahati Municipal Corporation issued a Work Completion Certificate certifying that the work had been successfully completed by the Petitioner in terms of the Formal Work Order dated 20.02.2024 and thereafter the Petitioner submitted a bill amounting to Rs.21,76,342/-. However till date, the aforesaid bill has not been paid to the Petitioner. 6. The learned counsel for the Petitioner submitted that the Petitioner had submitted representations from time to time for the release of the aforesaid dues, but the Respondent authorities have been sitting over the matter. Consequently, finding no other alternative, the Petitioner has approached this Court by way of the instant writ petition. 7. Mr. 6. The learned counsel for the Petitioner submitted that the Petitioner had submitted representations from time to time for the release of the aforesaid dues, but the Respondent authorities have been sitting over the matter. Consequently, finding no other alternative, the Petitioner has approached this Court by way of the instant writ petition. 7. Mr. P. Nayak, the learned Additional Advocate General, Assam appearing on behalf of the Respondents submitted that there is no denial to the fact that the work in question was not allotted to the Petitioner. The learned Additional Advocate General for the Respondents further submitted that the entitlement of the Petitioner would be dependent upon further verification to be carried out by the Respondent Authorities. 8. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioner had completed the work in question, the Petitioner would be entitled to the amount as claimed. However, for the same, verification on the part of the Respondent Authorities would be required. 9. Accordingly, this Court therefore disposes of the instant writ petition with the following observations and directions:- (i) The Respondent Authorities shall verify as to whether the Petitioner had successfully executed the work i.e. Cleaning, Desilting and Maintenance of 148 numbers of Major City Drains under the Mitigation of Urban Flood in Guwahati City under the Guwahati Municipal Corporation. (ii) The Respondent Authorities shall also verify as to whether the Petitioner had submitted the requisite documents which are required for the purpose of releasing the amount due as claimed by the Petitioner. (iii) The Respondent Authorities shall also verify the entitlement of the Petitioner to the dues, and if upon verification in the manner stated above, it is found that the Petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the Petitioner. (iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the Respondent No.2, i.e. the Commissioner, Guwahati Municipal Corporation.