GAUHATI HIGH COURT ISSUES ORDER FOR ARUP GOGOI V/S THE STATE OF ASSAM AND 4 ORS.

GUWAHATI, India, Nov. 30 -- Gauhati High Court issued the following order on Oct. 29:

1. The instant writ petition is filed by the petitioner challenging the non-payment of the admitted amount of Rs.3,00,000/- for completion of the work of "Renovation/Construction of ATMA/DAO Office, Kamrup under APART" to the petitioner by the Respondent Authorities.

2. The case of the petitioner herein is that the petitioner had completed the work awarded to him vide the work order dated 28.12.2021, i.e. "Renovation/Construction of ATMA/DAO Office, Kamrup under APART", as per the specifications, terms and conditions, and approved rate of CPWD Delhi Schedule of Rates, 2021 & CPWD E & M SOR, 2018 in the District of Kamrup, Guwahati, and he is entitled to a total amount of Rs.10,00,000/- against the aforesaid work. It is the case of the petitioner that the Respondent Authorities had paid an amount of Rs.7,00,000/- out of Rs.10,00,000/- against his bill, but the remaining amount of Rs.3,00,000/- has not yet been paid to the petitioner despite repeated requests. Hence, the writ petition.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making payment of the admitted amount of Rs.3,00,000/- 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.

4. Ms. G. Borah, the learned Standing Counsel appearing on behalf of the Agriculture Department has placed a communication dated 27.10.2025 before this Court admitting that the petitioner is entitled to the balance amount of Rs.3,00,000/- which is kept on record and marked with the letter "X".

5. Upon perusal of the materials on record, this Court is of the opinion that as the respondent duly admits that the petitioner is entitled to the amount as claimed, appropriate directions are required to be passed for payment of the said amount. 6. This Court, therefore, disposes of the instant writ petition with the following observations and directions:

i) The Respondent Authorities shall disburse the amount of Rs.3,00,000/- 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.2.

ii) 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.

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