This writ application has been filed for issuing a Mandamus to the authority to pay to the petitioner an amount of Rs. 13,20,000 due to himforthe works done by him. The work was the construction of Guide Bund on both banks of river Gaurang at RCC Bridge on Kokrajhar Ramphalbil Road. It is seen from the letter of the Executive Engineer, PWD, Kokrajhar that this work was completed by the petitioner.That letter of the Executive Engineer which is Annexure 2 is quoted below: “Government of Assam Officer of the Executive Engineer PWD, Kokrajhar Roads Division. No.21/64/91-92/81 dated Kokrajhar the 3.9.96. The Commissioner & Special Secretary to the Govt of Assam, PWD (Budget Branch) Assam, Dispur, Guwahati - 6 Subject: Recommendation of fund under the head of Account 5054 Co-on- R&B-Plan for payment pending bill for the work “Construction of Guide Bunds side (Remaining work) Group No.A (Kokrajhar side) made by the Chief Engineer, PWD (Roads). Refere: CE's lettter No.CE/BT/59/94/111 dated 14.9.95 addressed to the Govt Sir, I have the honour to state the above work had been completed by Shri Narapati Brahma, Contractor on 7.3.92 against your accepted tender No.BR.25/CE of 1991-92 but the final payment of the work for Rs. 13.20 lakhs (Rupees thirteen lakhs twenty thousand) only could not yet be made owing to non-receipt of fund. It may be stated that the contractor was persued to complete the work before flood season to avoid washing away of the structure, by flood, with the assurance to give prompt payment. In this respect this office Memo No.22/28/95-96/6449-A dated 7.9.95 addressed to the Govt may kindly be referred to wherein the facts have also been explained. Further in this respect CE PWD (Roads) Assam's letter No.CE/BT/59/94/111 dated 14.9.95 addressed to the Govt may also referred to (copy enclosed) wherein the allotment of fund has been recommended. The contractor is also repeatedly pressing hard for immediate payment of the long outstanding bill. In view of the facts stated above and as the matter has badly been delayed, a very earfy action for allotment of fund is earnestly solicited. The contractor has a'gain submitted one application for early payment of the bill addressed to this Division, a copy of this is attached herewith. Eclo : Copy of Contractor's petition dated 14.6.96 with copy of CE's letter No.CE/BT/59/94/111 dated 14.9.95.” 2.
The contractor has a'gain submitted one application for early payment of the bill addressed to this Division, a copy of this is attached herewith. Eclo : Copy of Contractor's petition dated 14.6.96 with copy of CE's letter No.CE/BT/59/94/111 dated 14.9.95.” 2. So it is the admitted position that this amount is due to the petitioner and the work was completed as far back as in 1992, that is more than 6 years have already elapsed. Today this amount would have been doubled. But the Govt is maintaining stony silence and has not done anything to.pay the money. 3. No affidavit-in-opposition has been filed even in this case. Accordingly this writ application is allowed and the authority is directed to pay the amount due to the petitioner within a period of 3 months from today. The amount shall carry interest at the rate of 12% from the date on which it became due if the authority did not pay the amount in time. The writ application is disposed of. If any payment has already been made in the mean time that will be adjusted from the amount due to the petitioner. 4.1 have heard Shri TJ Mahanta, learned counsel for the petitioner.