Page No.# 1/4 GAHC010243212025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/12/2026 NORTH EAST POWER AND INFRA LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT 202, ROYAL VIEW, 2ND FLOOR, B. K. KAKOTI ROAD, ULUBARI GUWAHATI 781007 (ASSAM) AND HEAD OFFICE AT DEBENDRA NAGAR (JHOOM BASTI), BADARPUR GHAT, SRIBHUMI 788803 (ASSAM). REPRESENTED BY ITS AUTHORISED REPRESENTATIVE AND DATA ENTRY OPERATOR, SRI JAHAR LAL PAUL, 54 YEARS, SON OF LATE BATAKRISHNA PAUL, RESIDENT OF VILLAGE KALINAGAR, PART-III, P.S. PANCHGRAM, DISTRICT- HAILAKANDI, PIN- 788801, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC WORKS (ROADS) DEPARTMENT, BLOCK B, GROUND FLOOR, ASSAM SECRETARIAT, DISPUR, GUWAHATI- 781006 2:THE CHIEF ENGINEER P.W.D. (BOARDER ROAD AND NEC WORKS) ASSAM EARLIER KNOWN AS CHIEF ENGINEER P.W.D. (BUILDING AND I/C NEC WORKS) CHANDMARI GUWAHATI- 781003 3:THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT BARKHOLA AND KATIGORAH TERRITORIAL ROAD DIVISION KATIGORAH DISTRICT. CACHAR ASSAM EARLIER KNOWN AS EXECUTIVE ENGINEER PWD SILCHAR NEC DIVISION- II Page No.# 2/4 4:THE SUPERINTENDING ENGINEER P.W.D. NEC CIRCLE HAFLONG DISTRICT- DIMA HASAO ASSA Advocate for the Petitioner : DR B P TODI, DR ANKIT TODI,MS. T P THANCHUNG,MS M PARBIN,MR A NATH Advocate for the Respondent : SC, PWD, BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 15.06.2026 Heard Dr. A. Todi, learned counsel for the petitioner. Also heard Shri B. Gogoi, learned AAG, Assam appearing for the PWD who has submitted that instructions have been received. The issue is with a claim for release of contractual bills. Dr. Todi, the learned counsel for the petitioner has submitted that the petitioner was entrusted with contract works for improvement of the Bhanga Anipur Kanai Bazar Road under NEC 10th Five Year Programme (widening of Bhanga Anipur Kanai Bazar Road at Foothpath position from Ch 41700.00M to Ch 42700.00M) in Karimganj (now Sribhumi) District of Assam, which he has successfully completed. He has submitted that in this regard an amount of Rs.34,28,143/- (Rupees Thirty Four Lakhs Twenty Eight Thousand One Hundred and Forty Three only) is pending. He has submitted that no reasons are prescribed for non release of the amount which is his legitimate dues. On the other hand, Shri Gogoi, the learned AAG by referring to the written Page No.# 3/4 instructions dated 27.02.2026 has at the outset submitted that the petitioner had initially instituted a Civil Suit for recovery which was withdrawn followed by instituting the present writ petition. On the merits of the case, he has submitted that as per the written instructions, the reason of non payment is paucity of funds. He has also submitted that for matters of this nature, this Court may pass appropriate orders following the principles laid down by the Hon’ble Full Bench in the case of Tamsher Ali vs. State of Assam reported in 2008 (4) GLT 1. The Hon’ble Full Bench in the aforesaid decision of Tamsher Ali (supra) has laid down certain principles to be followed for a Writ Court to invoke its jurisdictions to adjudicate a claim for payment of contractual bills and one of the essential principles is an acknowledgment in writing by the Chief Engineer / Head of the Department. Dr. Todi, the learned counsel in this regard has submitted that though per se there is no such acknowledgment by the Chief Engineer, there are communications including communication dated 21.02.2025 by the concerned Executive Engineer to the Chief Engineer on the aforesaid fact that the amount is outstanding. In view of the above, though no Mandamus as such can be issued, the matter is remanded to the Department to examine as to whether the balance amount is actually entitled to by the petitioner and if so, the claim be treated in accordance with the principles laid down by the Hon’ble Full Bench in the aforesaid case of Tamsher Ali (supra). Let the aforesaid exercise of verification be undertaken and completed within a period of 45 days from the date of receipt of a certified copy of this Page No.# 4/4 order. Copy of the written instructions dated 27.02.2026 is made part of the records. JUDGE Comparing Assistant