Page No.# 1/4 vs The State Of Assam And 3 Ors
2025 Latest Caselaw 7214 Gua

Gauhati High Court

Page No.# 1/4 vs The State Of Assam And 3 Ors on 10 September, 2025

Author: Devashis Baruah

Bench: Devashis Baruah

                                                                 Page No.# 1/4

GAHC010240452024




                                                           2025:GAU-AS:12340

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

                        Case No. : WP(C)/6008/2024

         DEEP KUMAR BARMAN
         S/O- SRI SAMIN CHANDRA BARMAN, R/O- HOUSE NO. 41, 2ND BYE LANE,
         LICHU BAGAN, P.O. HENGRABARI, P.S. DISPUR, GUWAHATI- 781036,
         DISTRICT- KAMRUP (M), ASSAM



         VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
         ASSAM, LEGISLATIVE DEPARTMENT, DISPUR, GUWAHATI- 06

         2:THE PRINCIPAL SECY.
         ASSAM LEGISLATIVE ASSEMBLY
          DISPUR
          GUWAHATI- 06

         3:THE CHIEF ENGINEER
          P.W.D. (ELECTRICAL)
         ASSAM
          CHANDMARI
          GUWAHATI-03

         4:THE EXECUTIVE ENGINEER
          P.W.D.
          GUWAHATI ELECTRICAL DIVISION
          CHANDMARI
          GUWAHATI-0

For the petitioner       : Mr. M. A. Islam, Advocate

For the respondents    : Mr. B. Gogoi, Advocate
                                                                Page No.# 2/4

                     Mr. J. Das, Advocate
                     Mr. G. Bakalial, Govt. Advocate

                              BEFORE
      HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                   Date of Hearing       : 10.09.2025

                   Date of Judgment : 10.09.2025
                   JUDGMENT AND ORDER (ORAL)

Heard Mr. M. A. Islam, the learned counsel appearing on behalf of the petitioner. Mr. B. Gogoi, the learned counsel appears on behalf of the PWD; Mr. J. Das, the learned counsel appears on behalf of the respondent No.2 and Mr. G. Bakalial, the learned Government Advocate appears on behalf of the State of Assam.

2. The instant writ petition is filed by the petitioner challenging the non-payment of the contractual bill of Rs.11,51,967/- for the four works awarded to him vide the work orders dated 20.09.2022, 29.11.2022 and 08.12.2022 issued by the Executive Engineer, PWD, Guwahati Electrical Division for installation of temporary CCTV at Super Market Police Barricade Area and Dharna Ground at Chachal, VIP Road in view of the Budget Session, 2022 of Assam Legislative Assembly, Dispur; providing temporary electrification on Hire Basis at Dharna Ground of Last Gate in connection with February Session, 2021 of Assam Legislative Assembly, Dispur; providing CC Camera on hire basis at Dharna Ground (Dispur, Last Gate) w.e.f. 10.02.2021 to Page No.# 3/4

13.02.2021 Gate in connection with February Session, 2021 of Assam Legislative Assembly, Dispur and renovation of electrical installation at Cottage No.09 of Old MLA Hostel, Dispur.

3. The case of the petitioner herein is that he carried out the above mentioned four contract works with a total bill amount of Rs.11,51,967/- under the Assam Legislative Assembly and Demand Proposals dated 09.11.2022 and 07.02.2023 were sent to the Principal Secretary, Assam Legislative Assembly for release of the bill amount, but the respondent authorities have not paid the said bill amount to him till date. Hence, the petitioner has approached this Court by filing the instant writ petition.

4. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter delinquently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.11,51,967/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner.

5. Mr. B. Gogoi, the learned counsel appearing on behalf of the PWD submitted that as per his instructions so placed by the Executive Engineer, PWD, the petitioner had carried out four contract works with Page No.# 4/4

a total bill amount of Rs.11,51,873/-(Rs.4,46,200/- + Rs.1,69,933/- + Rs.1,66,900/- + Rs.3,68,840/-) and the due proposals have been sent to the Principal Secretary, Assam Legislative Assembly, Dispur for release of the funds.

6. Taking into account the said stand of the PWD who is the executive authority, it is therefore the opinion of this Court that the petitioner is entitled to the said amount of Rs.11,51,873/-.

7. Accordingly, the instant writ petition stands disposed of with the direction to the respondent Nos.2, 3 & 4 jointly and severally to take effective steps for payment of the amount of Rs.11,51,873/- to the petitioner within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.2.

8. The instructions so placed is kept on record and marked with the letter "X.

JUDGE

Comparing Assistant