Page No.# 1/4 vs The State Of Assam And 6 Ors
2025 Latest Caselaw 8833 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 6 Ors on 24 November, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/4

GAHC010123582025




                                                           2025:GAU-AS:15975

                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/3257/2025

         ASHOK KUMAR BASUMATARY
         SON OF HARESWAR BASUMATARY, RESIDENT OF VILLAGE DEULKUCHI,
         P.O DEULKUCHI, P.S TAMULPUR, DISTRICT BAKSA, ASSAM, PIN-781354



         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVERNMENT OF ASSAM, DEPARTMENT OF HOUSING AND URBAN
         AFFAIRS, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM, PIN-781006

         2:THE SECRETARY TO THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
          DISPUR
          GUWAHATI-6
         ASSAM

         3:THE BODOLAND TERRITORIAL COUNCIL
          REPRESENTED BY THE PRINCIPAL SECRETARY TO THE BODOLAND
         TERRITORIAL COUNCIL
          BODOFANWGWR
          KOKRAJHAR
         ASSAM
          PIN-783370

         4:THE COUNCIL HEAD OF DEPARTMENT
          URBAN DEVELOPMENT DEPARTMENT
          BODOLAND TERRITORIAL COUNCIL
          BODOFANAGAR
          KOKRAJHAR
          PIN-783370
                                                                   Page No.# 2/4

          5:GORESWAR MUNICIPAL BOARD
           REPRESENTED BY CHAIRPERSON OF THE BOARD
           GORESWAR
           DISTRICT BAKSA
          ASSAM
           PIN-781366

          6:THE EXECUTIVE OFFICER
           GORESWAR MUNICIPAL BOARD
           GORESWAR
           BAKSA
          ASSAM-781366

          7:UNIOR ENGINEER
           GORESWAR MUNICIPAL BOARD
           GORESWAR
           BAKSA
          ASSAM-78136




Advocate for the petitioner(s): Mr. M Saikia


Advocate for the respondent(s): Mr. AK Bhuyan,
                                Senior Standing Counsel, BTC


                                  BEFORE
                HON'BLE MR. JUSTICE DEVASHIS BARUAH


                                     ORDER

24.11.2025

The petitioner is aggrieved by the inaction on the part of the respondent authorities in not making payment of the amount to which the petitioner is entitled to upon completion of the contractual work allotted to him by the respondent authorities.

Page No.# 3/4

2. The case of the petitioner herein is that he had completed the work pertaining to renovation of Cheuni Surufulchaki PWS Water Supply Project at Goreswar. The petitioner thereafter on completion of the work submitted a bill of an amount of Rs.50,00,000/- (Rupees Fifty Lakhs). However, the said payment had not been made to the petitioner till date, for which, the petitioner has approached this Court by way of the instant writ petition.

3. It is the case of the petitioner that the petitioner had successfully completed the work to the satisfaction of the respondent authorities. In that regard, the respondent authorities had also issued completion certificate against the work done by him. In spite of the same, the petitioner has not been paid his dues. The learned counsel for the petitioner submitted that the petitioner had made several representations before the respondent authorities for release of the said amount, however, the amount of Rs.50,00,000/- is still pending.

4. Mr. AK Bhuyan, the learned Senior Standing Counsel appearing on behalf of the BTC submits that as to whether the petitioner has completed the work in question is a subject matter of verification which needs to be carried out by the respondent authorities and it is only on the basis of such verification, the actual entitlement of the petitioner could be ascertained.

5. Upon hearing the learned counsels for the parties, this Court is of the opinion that interest of justice would be met if a direction is given to the respondent authorities to verify as to whether the petitioner has completed the work in accordance with the work order mentioned hereinabove and thereupon to ascertain the exact amount to which the petitioner is entitled to, if any.

6. It is under such circumstances, this Court, therefore, disposes of the instant writ petition thereby directing the respondent authorities, more particularly, the Page No.# 4/4

respondent Nos.3, 4 and 5 to verify the entitlement of the petitioner on the basis of the work order which were issued in favour of the petitioner and as to whether the petitioner had completed the work in question and thereupon, after verification, if it is found that the petitioner is entitled to any amount, the same should be paid to the petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the respondent No.2 and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra).

7. With above observations and directions, the instant writ petition stands disposed of.

JUDGE

Comparing Assistant