Gauhati High Court
Bikash Thakuria vs The Bodoland Territorial Council And 3 ... on 11 June, 2025
Page No.# 1/4
GAHC010060682025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1661/2025
BIKASH THAKURIA
S/O- LATE MAHENDRA MOHAN THAKURIA, R/O- HOUSE NO. 4, NAMGHAR
PATH, OPPOSITE DAIRY GATE, KHANAPARA, P.S. DISPUR, GUWAHATI,
DIST. KAMRUP METRO, ASSAM, PIN- 781022.
VERSUS
THE BODOLAND TERRITORIAL COUNCIL AND 3 ORS
REPRESENTED BY THE PRINCIPAL SECRETARY, BTC, KOKRAJHAR,
ASSAM
2:THE SECRETARY TO THE GOVT. OF BTC (ASSAM)
PUBLIC WORKS DEPT
KOKRAJHAR BTAD
ASSAM
3:THE ADDITIONAL CHIEF ENGINEER CUM DIRECTOR
PUBLIC WORKS DEPARTMENT
BTC
KOKRAJHAR
ASSAM
4:THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT
MUSHALPUR (R AND B) DIVISION
MUSHALPUR
BAKSA
ASSA
Advocate for the Petitioner : MR. T BARUAH, MR. P BOIRAGI,MR. S J SARMAH,MRS. B
TALUKDAR,MR G G GOGOI,MS A DAS
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Advocate for the Respondent : SC, PWD ROAD, SC, BTC
BEFORE
HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : --11.06.2025
Heard Ms. A. Talukdar, learned counsel for the petitioner. Also
heard Mr. J. R. Rabha, learned Standing Counsel, BTC.
By way of this writ petition under Article 226 of the Constitution
of India, the petitioner is seeking release of the bill amount of Rs.
50,41,600/- due to the petitioner in respect of the work done by the
petitioner.
The brief facts of the case is that pursuant to the tender, the
petitioner was awarded the work for construction of Mt. & Bt. Road of
Jakaikona to PWD Road in Baksa District under AOP for the year 2016-
17 by word order dated 12.09.2017. Accordingly, the contract
agreement was executed and after the work was executed and
completed to the satisfaction of the respondent authorities, the
petitioner submitted a bill to the respondent authorities for payment.
However, till today the entire bill has not been paid, although various
representations have been submitted by the petitioner before the
respondent authorities. Situated thus, the petitioner filed a writ
petition being WP(C) No.76/2020 before this court for payment of the
entire contractual bill.
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This court after hearing the parties by order dated 01/12/2021
was pleased to dispose of the said writ petition with a direction that " it
is considered appropriate that the respondent authorities in the respondent
BTC shall undertake the exercise in terms of the said order dated
15.11.2021 in respect of the claims of the petitioner also and complete the
exercise within the time frame mentioned in the order. If after such exercise,
the petitioner is found entitled to the amount of Rs. 99,91,522/- or any other
amount, the same shall be released in favour of the petitioner forthwith
thereafter. The petitioner shall submit a certified copy of this order to the
respondent no. 2 i.e. the Additional Chief Engineer, Public Works
Department, Bodoland Territorial Council, Kokrajhar within 7 [seven] days
from today for his doing the needful."
It appears that pursuant to the direction of this court by
judgment & order dated 01.12.2021, passed in WP(C) No. 76/2020,
the BTC has verified the claims of the petitioner and passed the
subject order which indicates that part payment amounting to Rs.
49,49,922/- has already been paid and the remaining balance amount
of Rs. 50,41,600/- could not be made due to the non-availability of the
fund.
It appears that the presence of the Finance Department is
essential and necessary for the effective adjudication of the instant
writ petition.
Ms. A. Talukdar, learned counsel for the petitioner, seeks
3(three) weeks' time to make necessary application to implead Finance
Department as a respondent.
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The prayer is allowed.
Re-list the matter after 3(three) weeks on a date to be fixed by
the Registry.
JUDGE
Comparing Assistant
