GAUHATI HIGH COURT ISSUES ORDER ON SRI BHABA BORAH V/S THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM AND 5 ORS

GUWAHATI, India, May 28 -- Gauhati High Court issued the following order on April 27:

1. Heard Mr. R. Baruah, the learned counsel appearing on behalf of the Petitioner. Mr. S. Dutta, the learned counsel appears on behalf of the Revenue & Disaster Management Department of the Government of Assam and Ms. R. Deka, the learned counsel appears on behalf of the Water Resources Department.

2. The instant writ petition is filed by the Petitioner challenging the non-payment of the admitted amount of Rs.9,51,687/- for completion of a Contract Work under the Scheme for Protection of Ahotguri Area near Sesuguri and Protection of a Road-cumBund under S.D.R.F. for 2017-18.

3. The case of the Petitioner herein is that on the basis of a Work Order dated 24.09.2019, the Petitioner executed a Contract Work under the Scheme, 'Immediate Measures for Protection of Ahotguri Area near Sesuguri and Protection of a Road-cum-Bund under S.D.R.F. for 2017-18 [Sub-Estimate]'. The Petitioner has stated that on issuance of the Work Order, he executed the Contract Work and after the Respondent Authorities physically verified the works, a Completion Report was also submitted to that effect certifying that the Contract Work was duly executed. The Petitioner thereafter approached the Respondent Authorities and requested them to release the amount of Rs.9,51,687/-, i.e., the total bill amount the Petitioner had submitted for the execution of the Contract Work. However, the Respondent Authorities have not yet paid the said admitted amount to the Petitioner despite repeated requests. Hence, the writ petition.

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 Rs.9,51,687/- 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. 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. 6. It is the opinion of this Court that the said would require certain verifications to be carried out by the concerned Respondent Authorities.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63KvwaunbRJ7DR5%2BeRbCM02KvnMO6bK9qKASb0nWATmpv9R&caseno=WP(C)/1402/2026&cCode=1&cino=GAHC010045942026&state_code=6&appFlag=)

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