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2025 DIGILAW 1186 (GAU)

Bidyut Thakur, Son of Dulal Thakur v. Tiwa Autonomous Council

2025-07-25

DEVASHIS BARUAH

body2025
JUDGMENT : DEVASHIS BARUAH, J. The instant writ petition is filed by the petitioner challenging the inaction on the part of the Respondent Authorities in releasing the dues to which the petitioner is entitled to upon completion of the work allotted to him by the Principal Secretary, Tiwa Autonomous Council, Morigaon, Assam for “Construction of Brick Boundary Wall and Iron Grill and Gate at Silchang Bihutoli Campus” vide the work order dated 28.02.2018. 2. The case of the petitioner herein is that the petitioner has completed the said work. The learned counsel for the petitioner submitted that after the completion of the work, the petitioner submitted final bill for release of the final installment accompanied by utilization certificates, photographs of the work. However, out of the total sanction amount, the Respondent Authorities had released only st an amount of Rs.6,00,000/- as 1 installment and a balance of Rs.3,60,000/- remained unpaid to the petitioner till date. It is under such circumstances, the instant writ petition has been filed. 3. Ms. H. Terengpi, the learned counsel appearing on behalf of the respondents submitted that there is no denial to the fact that the work in question was not allotted to the petitioner. The learned counsel for the respondents however submitted that the entitlement of the petitioner would be dependent upon further verification to be carried out by the Respondent Authorities. 4. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had completed the work in question, the petitioner would be entitled to the amount as claimed. However, for the same, verification on the part of the Respondent Authorities would be required. 5. 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 petitioner had successfully executed the work, i.e. Construction of Brick Boundary Wall and Iron Grill and Gate at Silchang Bihutoli Campus as per the work order dated 28.02.2018. 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 outstanding amount as claimed by the petitioner. 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 outstanding amount as claimed by the petitioner. iii) The Respondent Authorities shall also verify the entitlement of the petitioner to the outstanding 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 said exercise be completed within a period of 6 (six) months from the date a certified copy of the instant judgment is served upon the respondent No.2, i.e. the Principal Secretary, Tiwa Autonomous Council, Morigaon, Assam.