GAUHATI HIGH COURT ISSUES JUDGEMENT ON RUKMIN ENTERPRISE AND ANR. V/S THE STATE OF ASSAM AND 4 ORS.

GUWAHATI, India, May 21 -- Gauhati High Court issued the following order on April 20:

1. Heard Mr. D. Baruah, the learned counsel appearing on behalf of the Petitioners and Ms. G. Borah, the learned Standing counsel appearing on behalf of the Agriculture Department.

2. The instant writ petition has been filed by the Petitioners challenging the non-payment of the contractual bill amounting to Rs. 4,00,000/- for the work awarded to the Petitioners pursuant to the NIT dated 03.12.2021 for Construction of Senior Citizen/Farmer's waiting room at District Agricultural Office, Kamrup.

3. The case of the Petitioners herein is that pursuant to the NIT dated 03.12.2021, the Petitioners were awarded the contract vide Work Order No. EE/Agri/KD/Guw/Tech-01/2020-21/1683 dated 28.12.2021 for the work in question. It is the further case of the Petitioners that, pursuant to the Work Order dated 28.12.2021, the Petitioners started the construction work with their own resources and finances and duly completed the same in accordance with the prescribed specifications. A completion certificate was also issued by the Respondent Authorities vide certificate dated 03.02.2023.

4. It is the further case of the Petitioners that after completion of the work, the Petitioners had submitted the bills and the Petitioner had also made several representations before the Respondent Authorities from time to time for release of the aforesaid dues, but the Respondent Authorities more particularly, the Respondent No.5 are sitting over the matter. Consequently, finding no other alternatives, the Petitioners have approached this Court by way of the instant writ petition.

5. Ms. G. Bora, the learned Standing Counsel appearing on behalf of the Agriculture Department submitted that there is no denial to the fact that the work in question was issued to the Petitioners. The learned Standing Counsel however, submitted that the entitlement of the Petitioners would depend upon verification to be carried out by the Respondent Authorities.

6. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioners had completed the abovementioned work, the Petitioners would be entitled to the amount. However, for the same, verification on the part of the Respondent Authorities would be required.

7. 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 Petitioners had successfully executed the work, i.e. Construction of Senior Citizen/Farmer's waiting room at District Agricultural Office, Kamrup.

(ii) The Respondent Authorities shall also verify as to whether the Petitioners had submitted the requisite documents which are required for the purpose of releasing the amount due as claimed by the Petitioners.

(iii) The Respondent Authorities shall also verify the entitlement of the Petitioners to the dues, and if upon verification in the manner stated above, it is found that the Petitioners are entitled to any such amount, the Respondent Authorities shall pay the same to the petitioners.

(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 Director of Agriculture, Office of the Directorate of Agriculture, Assam, Khanapara.

Disclaimer: Curated by HT Syndication.