Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 5 Ors on 26 November, 2025
Page No.# 1/4
GAHC010143802025
2025:GAU-AS:16196
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3944/2025
DIPAK CHANDRA ROY MEDHI
S/O LATE MUKTA RAM ROY MEDHI, A R/O VILL AND P.O.- BARKURIAHA,
DIST- NALBARI, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE SPECIAL COMMISSIONER AND SECRETARY, P.W.D.
(BLDG AND N.H) DEPARTMENT, DISPUR, GUWAHATI-06
2:THE JOINT SECRETARY TOTHE GOVERNMENT OF ASSAM
GENERAL ADMINISTRATIVE DEPARTMENT
DISPUR
GUWAHATI-6
3:THE COMMISSIONER AND SECRETARY
THE FINANCE DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-06
4:THE SPECIAL CHIEF ENGINEER
P.W.D. BUILDING
ASSAM
CHANDMARI
GUWAHATI-3
5:THE EXECUTIVE ENGINEER
P.W.D.
DISPUR AND DIMORIA TERRITORIAL BLDG. DIVISION
DISPUR
GUWAHATI-06
Page No.# 2/4
6:THE ASSISTANT EXECUTIVE ENGINEER
P.W.D. CAPITAL CONSTRUCTION BUILDING
SUB-DIVISION-1
DISPUR
GUWAHATI-
Advocate for the Petitioner : MR P C R MEDHI, MR A R MEDHI
Advocate for the Respondent : SC, PWD (BULDING), SC, FINANCE
BEFORE
HON'BLE MR. JUSTICE RAJESH MAZUMDAR
ORDER
26.11.2025
Heard Mr P C R Medhi, learned counsel appearing on behalf of the petitioner. Also
heard Mr P Nayak, learned Additional Advocate General, Assam, appearing on behalf of
the respondents.
2. The present writ petition has been filed by the petitioner under Article 226
of the Constitution of India being aggrieved by failure of the respondent
authorities in making payment of the admitted amounts of Rs. 3,86,195/- and
Rs. 3,75,657/- to the petitioner, for the works done by the petitioner as per the
two work orders being (i) Work Order No. C/S File No. 887 of 2023-24/9667
dated 01.02.2024, and (ii) Work Order No. C/S File No. 387 of 2023-24/9668,
dated 01.02.2024, respectively. It is the case of the petitioner that the
respondent authorities in the Department of PWD in the Capital Construction
Division, Dispur, Guwahati-6, had issued a notice inviting tender for-(i)
"Repairing and Renovation works in the Government residential Quarter Block
No. M-III, Quarter No. B-15 at Notboma Housefed Complex, Notboma,
Guwahati-38 (Occupied by Shri Prabin Talukdar) on 01.02.2024 and "Repairing
and Renovation works in the Government residential Quarter Block No. M-III,
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Quarter No. C-24 at Notboma Housefed Complex, Notboma, Guwahati-38
(Occupied by Shri Muktinath Ray), on 01.02.2024, respectively. The petitioner
had participated in the tender process and came out to be a successful bidder,
whereupon the aforesaid formal work orders were issued to the petitioner under
the signature of the Executive Engineer, PWD, Capital Construction Division,
Dispur, Guwahati-6. The petitioner was required to complete the work allotted to
him within a period of 15 (fifteen) days from the date of issue of the formal
work order.
3. The petitioner has stated in his petition that after completion of the
aforesaid works by the petitioner, he had submitted his bills in accordance with
terms of the work order. Thereafter, the respondent Nos. 5 and 6 measured the
works at site and prepared the bills of Rs. 3,86,195/- for the first work and Rs.
3,75,657/- for the other work. However, the respondent authorities, specifically,
the respondent Nos. 2, 4 and 5 have intentionally not paid the respective bills.
The respondent No. 5 sent letters dated 30.08.2024, for arranging the funds to
the respondent No. 4. Thereafter, the respondent No. 4 also sent two numbers
of letters to the respondent No. 2 on 04.10.2024 by e-File No. 557751 and
another letter to the respondent No. 2, on 27.09.2024, by e-File No. 553072, for
arranging funds and since then, no further steps have been taken for making
the admitted amounts to the petitioner, which has caused great prejudice to the
petitioner and thereby, making him face intolerable pain to arrange his daily
bread and to repay the debt with interest, violating the provisions of Article 21
and 300A of the Constitution of India.
5. The learned counsel for the petitioner has extensively relied upon the
contents of the documents annexed to the pleadings to substantiate that it is an
admitted position that the work had been executed by the petitioner and
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therefore, it is prayed that appropriate directions be issued to the respondents
to make the payment of the bills to the petitioner amounting to Rs. 3,86,195/-
and Rs. 3,75,657/-respectively, for the works executed by him. This Court had
on earlier occasions given opportunity to the respondent authorities to clarify as
to whether the claims made by the petitioner are admitted claims.
6. Today, when the matter was taken up, Mr P Nayak, learned Additional
Advocate General has produced some instructions, wherein, the aforesaid dues
of the petitioner has been admitted, however, as no FOC has been released
from the Government till date, the payment could not be made to the petitioner.
Therefore, in terms of the judgment of this court in the case of Tamshir Ali
and Others -versus- State of Assam and Others, reported in (2008) 4
GLT 1, this Court deems it fit and proper to direct the respondent authorities,
more specifically the respondent Nos. 2 and 4, i.e. the Joint Secretary to the
Government of Assam, General Administrative Department, Dispur, Guwahati-6
and the Special Chief Engineer, PWD, Building, Assam, Chandmari, Guwahati-03,
to verify the amounts payable to the petitioner, which is not disputed by the
respondents. The admitted amount shall be, thereafter, paid to the petitioner.
The entire exercise should be concluded within a period of eight weeks from the
date of receipt of a certified copy of this order.
7. The instructions dated 25.11.2025, produced by the learned Additional
Advocate General, Assam, shall be kept as part of the record of this writ
petition and is marked with the letter-'X'.
8. Writ petition is accordingly disposed of, without any order as to costs.
JUDGE
Comparing Assistant
