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2026 DAILYLAW 11223 (GAU)

SUSHANTA KUMAR NAYAK v. THE STATE OF ASSAM AND 5 ORS

WP(C)/1835/2026 · 2026-07-23

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

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Page No.# 1/5 GAHC010041592026 2026:GAU-AS:10225 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1835/2026 SUSHANTA KUMAR NAYAK S/O SRI BOLO RAM NAYAK, R/O A.P.R.O. COLONY, HOUSE NO. 62, B. K. KAKATI ROAD, ULULBARI, GUWAHATI, P.O. ULUBARI, P.S. PALTANBAZAR, DIST- KAMRUP METRO, ASSAM, PIN- 781007. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, P.O. ASSAM SACHIVALAYA, DIST- KAMRUP M, ASSAM, PIN- 781006. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR P.O. ASSAM SACHIVALAYA DIST- KAMRUP METRO ASSAM PIN- 781006. 3:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI P.O. ULUBARI P.S. PALTANBAZAR DIST- KAMRUP METRO ASSAM PIN -781007. 4:THE CHAIRMAN Page No.# 2/5 ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI P.O. REHABARI P..S PALTANBAZAR DIST- KAMRUP METRO ASSAM PIN -781008. 5:THE CHIEF ENGINEER ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI P.O. REHABARI P.S. PALTANBAZAR DIST- KAMRUP METRO ASSAM PIN 781008. 6:THE MANAGING DIRECTOR ASSAM POLICE HOUSING CORPORATION LIMITED REHABARI GUWAHATI P.O. REHABARI P.S. PALTANBAZAR DIST- KAMRUP M ASSAM PIN 781008 For the Petitioner(s) : Mr. S.K. Sinha, Advocate For the Respondent(s) : Ms. U. Das, Addl. Sr. Govt. Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 24.07.2026 Heard Mr. S.K. Sinha, the learned counsel appearing on behalf of the Petitioner. Also heard Ms. U. Das, the learned Additional Senior Government Advocate, Assam appearing on behalf of the Page No.# 3/5 Respondents. 2. It is the case of the Petitioner that on being awarded formal contract orders on 16.08.2019, the Petitioner executed three contract works, namely, (a) Construction of RCC-3 storied Police Academic Building (Right Left and Middle) for Police Academy; (b) Construction of 2 storied RCC Model P.S. Building and; (c) Construction of RCC Ground Floor Magazine/Kote Building at Police Academy, Dergaon in Golaghat district under 13th FCA for the year 2012- 2013 balance work (Police Training). Subsequently on 14.02.2023, the value of contract-works was enhanced to Rs. 6,09,09,426.39p. on the basis of a revised working estimate for civil works. After execution of the contract- works, final bills were submitted to the Respondents stating that an amount of Rs. 28,03,229/- has still remained outstanding, for which, the Petitioner has approached this Court seeking a direction to the Respondent authorities to release the said amount. 3. Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondents during the course of the hearing submitted that an affidavit-in-opposition has been filed by the Respondent No. 6 wherein, at paragraph Page No.# 4/5 No. 6, it has been categorically stated that the Petitioner is entitled to an amount of Rs. 28,03,229/-. Considering its relevance, this Court reproduces paragraph No. 6 hereinbelow: “6. That with regards to the statements made in paragraph 12 of the writ petition, the answering deponent begs to state that the work was completed on 18-02-2023, 8th Running Final Bill amounting to Rs. 28,03,229/- (Rupees Twenty Eight Lakhs Three thousand Two hundred and Twenty nine) only was submitted by the then Executive Engineer, Jorhat Sub-Unit, Assam Police Housing Corporation Ltd. on 28-02-2023. Immediately after, this office submitted the aforementioned bill to the Special Director General of Police (Admin), Assam vide letter no. APHC/A/18- 19/322/77 dated 03-03-2023 for release of funds amounting to Rs. 31,34,010/- (Rupees Thirty One Lakhs Thirty Four thousand and Ten) only including agency charges and GST. Subsequently, the Inspector General of Police (Administration), Assam vide Letter No. S-VI/16/2020/Pt/181 dated 04-03-2023 forwarded the proposal to the Secretary to the Government of Assam, Home & Political Department, for according financial sanction for release of the aforesaid amount. However, the required sanction of the amount as proposed is yet to be received from the Govt.” 4. Upon perusal of the materials on record and, more particularly, the paragraph quoted hereinabove, it would be seen that the Respondent No. 6 admit that the Petitioner is entitled to Page No.# 5/5 the amount of Rs.28,03,229/-. 5. Accordingly the instant writ petition stands disposed of with the following observations and directions: (i). The Petitioner is entitled to the amount of Rs.28,03,229/- as admitted by the Respondents. (ii). The said amount of Rs.28,03,229/- be paid to the Petitioner after making such statutory deductions, if so required within a period of 6(six) months from the date a certified copy of the instant order is served upon the Respondent No.3 i.e. the Director General of Police, Assam. (iii). Any amount so paid during the pendency of the present writ petition towards the dues of the Petitioner shall be set off while making payment to the Petitioner. JUDGE Comparing Assistant