Bhaba Borah S/o Late Lohiram Borah v. Commissioner And Secretary To The Government of Assam
2026-04-27
Devashis Baruah
body2026
DailyLaw.ai
JUDGMENT AND ORDER : DEVASHIS BARUAH, J. Heard Mr. R. Baruah, the learned counsel appearing on behalf of the Petitioner. Mr. S. Dutta, the learned counsel appears on behalf of the Revenue & Disaster Management Department of the Government of Assam and Ms. R. Deka, the learned counsel appears on behalf of the Water Resources Department. 2. The instant writ petition is filed by the Petitioner challenging the non-payment of the admitted amount of Rs.9,51,687/- for completion of a Contract Work under the Scheme for Protection of Ahotguri Area near Sesuguri and Protection of a Road-cum-Bund under S.D.R.F. for 2017-18. 3. The case of the Petitioner herein is that on the basis of a Work Order dated 24.09.2019, the Petitioner executed a Contract Work under the Scheme, ‘Immediate Measures for Protection of Ahotguri Area near Sesuguri and Protection of a Road-cum-Bund under S.D.R.F. for 2017-18 [Sub-Estimate]’. The Petitioner has stated that on issuance of the Work Order, he executed the Contract Work and after the Respondent Authorities physically verified the works, a Completion Report was also submitted to that effect certifying that the Contract Work was duly executed. The Petitioner thereafter approached the Respondent Authorities and requested them to release the amount of Rs.9,51,687/-, i.e., the total bill amount the Petitioner had submitted for the execution of the Contract Work. However, the Respondent Authorities have not yet paid the said admitted amount to the Petitioner despite repeated requests. Hence, the writ petition. 4. The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has been pursuing the matter bonafidely and diligently with the Respondents, but the Respondent Authorities have not shown any interest in making payment of the admitted amount of Rs.9,51,687/- due to the Petitioner, for which the Petitioner is facing hardship. The learned counsel for the Petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the Petitioner. Hence, the Petitioner has approached this Court by filing the instant writ petition. 5. This Court is of the opinion that if the Petitioner has been awarded the contract and thereupon has duly completed the work, the Respondent Authorities cannot deny the Petitioner to the contractual amount which the Petitioner is entitled to as per law as well as the terms of the agreement. 6.
5. This Court is of the opinion that if the Petitioner has been awarded the contract and thereupon has duly completed the work, the Respondent Authorities cannot deny the Petitioner to the contractual amount which the Petitioner is entitled to as per law as well as the terms of the agreement. 6. It is the opinion of this Court that the said would require certain verifications to be carried out by the concerned Respondent Authorities. 7. Accordingly, the instant writ petition stands disposed of with the following observations and directions:- (i) The Respondent Authorities shall verify as to whether the contract in question was awarded to the Petitioner and as to whether the Petitioner had successfully executed the Contract Work under the Scheme for Protection of Ahotguri Area near Sesuguri and Protection of a Road-cum-Bund under S.D.R.F. for 2017-18. (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 Nos.1, 2 & 5, i.e. the Commissioner & Secretary to the Government of Assam, Revenue & Disaster Management Department, Dispur; the Secretary to the Government of Assam, Water Resources Department, Dispur and the Deputy Commissioner, Majuli, Garmur, Assam respectively.