THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM v. THE STATE OF ASSAM SECRETARY GOVT OF ASSAM PWD DEPARTMENT ASSAM SECRETARIAT

TEZPUR ROAD CIRCLE TEZPUR SONITPUR ASSAM ------------ Advocate for : MR. R PHUKAN Advocate for : SC PWD appearing for THE STATE OF ASSAM BEFORE HONOURABLE MR. JUSTICE KARDAK ETE Date : 05-09-2025 ORDER Heard Mr. R. Phukan, learned counsel for the petitioner. Also heard Mr. B. Gogoi, learned Additional Advocate General and Standing Counsel, PWD for all the respondents.

By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities to release the outstanding bill amount of Rs. 4,19,928/- (Rupees Four Lakhs Nineteen Thousand Nine Hundred and Twenty Eight) on account of execution of work for “Repairs to SPT Bridge leading to Polling Station under Maintenance Fund of Assam State Road Board for the year 2006-07 (Election Urgent)” under Package No. SON(Maint)21CH.

The case of the petitioner is that he is a registered contractor, who executes different contractual works under various Departments of the Government of Assam. He was awarded work for “Repairs to SPT Bridge leading to Polling Station under Maintenance Fund of Assam State Road Board for the year 2006-07 (Election Urgent)” under Package No. Page No.# 3/4 SON(Maint)21CH, vide work order dated 13.03.2006. It is contended that the petitioner has executed and completed the above work, for which completion certificate was issued by the Superintending Engineer, PWD, Tezpur Road Circle, Tezpur, certifying that the work has been physically verified and found completed by the petitioner.

The learned counsel for the petitioner submits that the petitioner has been paid the part payment of the work executed by him. However, the remaining amount of Rs. 4,19,928/- (Rupees Four Lakhs Nineteen Thousand Nine Hundred and Twenty Eight) has not been paid to the petitioner despite repeated requests. Therefore, prays for a direction to the respondent authorities to release the admitted amount of Rs. 4,19,928/- (Rupees Four Lakhs Nineteen Thousand Nine Hundred and Twenty Eight) to the petitioner.

Mr. B. Gogoi, learned Standing Counsel, PWD, fairly submits that the amount claimed by the petitioner is an admitted amount, however, due to non-availability of fund in the said scheme, the payment could not be made to the petitioner. He, however, submits that the respondent authorities may be directed to verify the claim amount and in the event, if it is found admitted, same may be directed to be paid to the petitioner. He also submits that in view of the specific statement with regard to the non- availability of documents, particularly the drawing, the petitioner may be directed to cooperate with the respondents in verification of the claim of the petitioner.

Having considered that the amount claimed by the petitioner is not disputed by the respondents and also considering that the denial of the claim of the petitioner is only due to non-availability of fund in the said Page No.# 4/4 scheme, I deem it appropriate to dispose of this writ petition with a direction to the respondent authorities to make the payment of the admitted amount of the petitioner, within a reasonable period of time.

Accordingly, the respondent authorities are directed to release the outstanding amount of Rs. 4,19,928/- (Rupees Four Lakhs Nineteen Thousand Nine Hundred and Twenty Eight) to the petitioner, within a period of 4 (months) months from the date of receipt of the certified copy of this order.