GUWAHATI, India, May 28 -- Gauhati High Court issued the following order on April 27:
1. Heard Ms. P. Talukdar, the learned counsel appearing on behalf of the Petitioner. Mr. D. Gogoi, the learned counsel appears on behalf of the PHE Department of the Government of Assam.
2. The instant writ petition has been filed by the Petitioner challenging the non-payment of the admitted amount of Rs.10,93,120/- in respect of various contractual works including the work "Access to Safe Drinking Water and Sanitation for All Priorities Safe Wash Practices Project" under the Nagaon Public Health Engineering Division, Government of Assam.
3. The case of the Petitioner is that he is a registered contractor engaged in execution of contractual works awarded by the Respondent Authorities, who have from time to time, entrusted him with various work orders. The Petitioner duly executed the said works within the stipulated time. It is the further case of the Petitioner that although the works including the above-mentioned project under the Nagaon Public Health Engineering Division were completed, the outstanding bill amount has not been cleared till date inspite of repeated approaches. The total amount claimed to be payable to the Petitioner is Rs.10,93,120/-.
4. The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has been pursuing the matter bonafidely and diligently with the Respondents, but the Respondent Authorities have not shown any interest in making payment of the admitted amount of 10,93,120/- 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.
5. Mr. D. Gogoi, the learned Standing Counsel appearing on behalf of the PHE Department submitted that he has not received any instruction in the matter. Be that as it may, the learned Standing Counsel of the PHE Department, however, submitted that as to whether the Petitioner was awarded the contract and whether the Petitioner had completed the work and is entitled to the amount claimed or any other amount would be subject to certain verifications which are required to be conducted by the Respondent Authorities.
6. This Court is of the opinion that if the Petitioner has been awarded the contract and thereupon has duly completed the work, the Respondent Authorities cannot deny the Petitioner to the contractual amount which the Petitioner is entitled to as per law as well as the terms of the agreement.
7. It is the opinion of this Court that the said would require certain verifications to be carried out by the concerned Respondent Authorities.
8. Accordingly, the instant writ petition stands disposed of with the following observations and directions:-
(i) The Respondent Authorities shall verify as to whether the contract in question was awarded to the Petitioner and as to whether the Petitioner had successfully executed the work, i.e. "Access to Safe Drinking Water and Sanitation for All Priorities Safe Wash Practices Project" under the Nagaon Public Health Engineering Division, Government of Assam".
(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 served upon the Respondent No.3, i.e. the Chief Engineer, Public Health Engineering Department, Hengrabari, Guwahati, Assam.
Disclaimer: Curated by HT Syndication.
