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2026 DAILYLAW 401 (GAU)

AMRJIT MEDHI v. THE GUWAHATI MUNICIPAL CORPORATION AND 3 ORS

WP(C)/7484/2025 · 2026-03-05

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/6 GAHC010263002025 2026:GAU-AS:3413 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7484/2025 AMRJIT MEDHI S/O LATE PARESH MEDHI, R/O FATASHIL AMBARI TINIALI, P.O. FATASHIL AMBARI, P.S. FATASHIL AMBARI, DIST. KAMRUP METRO, ASSAM. VERSUS THE GUWAHATI MUNICIPAL CORPORATION AND 3 ORS REPRESENTED HEREIN BY ITS COMMISSIONER, GANESHGURI, GUWAHATI, ASSAM 781006 2:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GANESHGURI GUWAHATI ASSAM PIN-781006 3:THE CHIEF ENGINEER GUWAHATI MUNICIPAL CORPORATION GANESHGURI GUWAHATI ASSAM PIN-781006 4:THE EXECUTIVE ENGINEER GUWAHATI MUNICIPAL CORPORATION DIV-I BHARALUMUKH GUWAHATI ASSAM Page No.# 2/6 PIN-78100 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. D. Gogoi, Advocate For the Respondent(s) : Mr. P. Nayak, Addl. AG, Assam · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 06.03.2026 · Whether the pronouncement is of the Operative Part of the Judgment : No · Whether the full Judgment has been Pronounced : Yes JUDGMENT AND ORDER (ORAL) 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, Page No.# 3/6 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 Page No.# 4/6 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. 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 Page No.# 5/6 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 Page No.# 6/6 served upon the Respondent No.2, i.e. the Commissioner, Guwahati Municipal Corporation. JUDGE Comparing Assistant Bijoy Saha Digitally signed by Bijoy Saha Date: 2026.03.11 10:35:49 +05'30'