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2025 DIGILAW 1833 (GAU)

D Kumar And Sales v. State of Assam

2025-11-12

DEVASHIS BARUAH

body2025
JUDGMENT AND ORDER : DEVASHIS BARUAH, J. Heard Mr. R. Gohain, the learned counsel appearing on behalf of the petitioners. Mr. R. R. Gogoi, the learned counsel appears on behalf of the PHE Department. 2. The instant writ petition is filed by the petitioners challenging the non-payment of the admitted amount of Rs.23,58,763/- for providing DTR fencing including civil works around transformers of various PWSS under Guwahati Division No.1, Guwahati to the petitioners by the Respondent Authorities. 3. The case of the petitioners herein is that the petitioner No.1 is a partnership firm incorporated on 01.04.2017 having its registered office at 4A, Mayur Garden, ABC, G. S. Road, Guwahati and the petitioner No.2 is the Senior Manager, Marketing of the petitioner No.1 Firm. Pursuant to the tender processes initiated by the Respondent Authorities in the Public Health Engineering Department, the petitioner No.1 was awarded with the work orders issued by the Respondent No. 6, for providing DTR fencing including civil works around transformers of various PWSS under Guwahati Division No-1, Guwahati. Accordingly, the Petitioner No. 1 completed the assigned task, and in pursuance of which the Office of the Respondent No. 6 issued the completion certificates. However, no action was forthcoming from the Respondent Authorities in releasing the admitted contractual dues to the petitioner No.1 firm. Hence, this writ petition. 4. The learned counsel appearing on behalf of the petitioners submitted that the petitioners have been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.23,58,763/- due to the petitioners for which the petitioners are facing hardship. The learned counsel for the petitioners further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioners. Hence, the petitioners have approached this Court by filing the instant writ petition. 5. An affidavit-in-opposition has been filed by the respondent No.4, i.e. the Chief Engineer (Water, PHE Department wherein it is stated that upon verification, the petitioners are entitled to an amount of Rs.18,06,340 The details can be seen in paragraph Nos.4 & 5 of the said affidavit-in-opposition which being relevant is reproduced herein under:- “4. 5. An affidavit-in-opposition has been filed by the respondent No.4, i.e. the Chief Engineer (Water, PHE Department wherein it is stated that upon verification, the petitioners are entitled to an amount of Rs.18,06,340 The details can be seen in paragraph Nos.4 & 5 of the said affidavit-in-opposition which being relevant is reproduced herein under:- “4. That the aforesaid writ petition has been filed for non-payment of contractual dues against various work carried out by the petitioner, whereby the claim made by the petitioner amounts to Rs.23,58,768/- (Rupees Twenty-Three Lakh Fifty-Eight Thousand Seven Hundred Sixty-Eight Only). 5. That the deponent begs to state upon verification of the works executed by the undersigned, the amount which the petitioner is entitled comes Rs.18,06,340/- (Rupees Eighteen Lakhs Six Thousand Three Hundred and Forty only).” 6. Upon perusal of the materials on record, and more particularly the affidavit-in-opposition filed by the respondent No.4, it would be seen that the Respondents therefore admit that the petitioners are entitled to the amount of Rs.18,06,340/-. Accordingly, the writ petition is disposed of with the following observations and directions:- i) The petitioners are entitled to the amount of Rs.18,06,340/- as admitted by the Respondents. ii) The said amount of Rs.18,06,340/- be paid to the petitioners 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.4, i.e. the Chief Engineer (Water, PHE Department. (iii) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioners shall be set off while making payment to the petitioners. 7. It is further observed that in respect to the remaining amount, if the petitioners have any grievance, the petitioner would be at liberty to approach the competent Court of Civil Jurisdiction, if otherwise permissible under law.