WP(C)/155/2025 of M/s Limin Enterprises and Anr Vs The State of AP and 6 Ors on 24 May 2026

ORDER

25.05.2026 Heard Mr. O. Duggong, learned counsel for the petitioners. Also heard Ms. P. Pangu, learned State counsel appearing for respondent Nos. 1 & 3 and Mr. L. Perme, learned Standing Counsel, Power Department, appearing for respondent Nos. 2, 4, 5, 6 & 7.

2. By filing this writ petition, the petitioners have prayed for a direction to the respondent authorities to release payment of the outstanding bill amounting of Rs. 13,10,000/- (Rupees Thirteen Lakhs Ten Thousand) for works executed pursuant to the work order Nos. BaED/EE/DB/WO/2023- 24/97, BaED/EE/DB/WO/2023-24/98 and BaED/EE/DB/WO/2023-24/105, dated 23.02.2024 and 26.02.2024.

3. The petitioner No. 1 is a proprietorship firm and the petitioner No. 2 is the proprietor of petitioner No. 1. The petitioner No. 1 was issued the following work orders: “GOVERNMENT OF ARUNACHAL PRADESH DEPARTMENT OF POWER, BASAR-791101 WORK ORDER State: A.P s/Division:BESD Branch: T & D

Division:BaED Work Order NO. BaED/EE/DB/WO/2023-24/97 Dated 23/02/2024 Order of the work described in the Schedule is given to M/s Limin Enterprises, Tirbin Contractor to be executed as per the specification, rate and conditions appended below in the schedule SCHEDULE OF WORKS Sl.N o. Description of Item/Work Qnty. Rate (in Rs.) Unit Amount (in Rupees)

Details of Transformer to be Repaired:- i) Name of Sub-Station:-Dali Hydel ii) Transformer Capacity: 630 KVA iii) Voltage Ratio: 33/11 iv) Make:- v) Serial No. Shedule of Work

Re-filling of Transformer Oil

Ltr 99235.00

Wire for insulation with DPC (HT) side

Kg 237300.00

Wire for insulation with DPC (LT) side

Kg 122500.00

Insulation raw material for HV & LV Side

Kg 21250.00

Dismantling & re-assembly including heating, varnishing, painting & repair charges

18000 Job 18000.00 Total 498375.0 Add GST @ 18% 89707.50 Grand Total 588082.50 Say, Rs 5,88,083/- (Rupees five Lakh eighty eight thousand eighty three) only. CH:TO: MOA under BaED during 2023-24 (SH: Reapir of 630KVA Transformer) Terms & Conditions: 1 FOR: Power House, Basar 2 Rate: Is Inclusive of GST, all taxes & duties, freight & Insurance etc. 3 Quality: Sub-standard quality of materials shall be rejected in too. 4 TDS: Income tax and GST shall be deducted at source unless documents of exemption of payments are demonstrated by presenting purchase documents, tax clearance certificate / receipt for the items are produced along with the materials. 5 Validity: Validity of this order shall be 30 days only from the date of Issue of this order. 6 Payment:payment shall be made after satisfactory completion of work and subject to the availability of fund/LOC and on production of copy of PAN card. 7 Disputes: Any disputes arising out of this order shall be decided by the sole arbitrator appointed by the Department of Power, and legal jurisdiction shall be within Basar Court under District Magistrate, Leparada District, Arunachal Pradesh. 8 Time: The work should be completed within 1 (one) month. Cosignee: Assistant Engineer(E), Basar GOVERNMENT OF ARUNACHAL PRADESH DEPARTMENT OF POWER, BASAR-791101 WORK ORDER State: A.P s/Division:BESD Branch: T & D

Division:BaED

Work Order NO. BaED/EE/DB/WO/2023-24/98 Dated 23/02/2024 Order of the work described in the Schedule is given to M/s Limin Enterprises, Tirbin Contractor to be executed as per the specification, rate and conditions appended below in the schedule SCHEDULE OF WORKS Sl.N o. Description of Item/Work Qnty. Rate (in Rs.) Unit Amount (in Rupees) Details of Transformer to be Repaired:- i) Name of Sub-Station:-Old Power House, Basar ii) Transformer Capacity: 500 KVA iii) Voltage Ratio: 33/11 iv) Make:- v) Serial No. Shedule of Work

Re-filling of Transformer Oil

Ltr 65250.00

Wire for insulation with DPC (HT) side

Kg 63000.00

wire for insulation with DPC (LT) side

Kg 22500.00

Raw material (Gasket, Vatkol insulation)

Job 21000.00

Dismantling & re-assembly including heating, varnishing, painting & repair charge

15000 Job 15000.00

New Copper wire

Kg 97750.00 Total 284500.0 Add GST @ 18% 51210.00 Grand Total 335710.00 Say, Rs 3,35,710/- (Rupees three Lakh thirty five thousand seven hundred ten) only. CH:TO: MOA under BaED during 2023-24 (SH: Reapir of 630KVA Transformer) Terms & Conditions: 1 FOR: Power House, Basar 2 Rate: Is Inclusive of GST, all taxes & duties, freight & Insurance etc. 3 Quality: Sub-standard quality of materials shall be rejected in too. 4 TDS: Income tax and GST shall be deducted at source unless documents of exemption of payments are demonstrated by presenting purchase documents, tax clearance certificate / receipt for the items are produced along with the materials. 5 Validity: Validity of this order shall be 30 days only from the date of Issue of this order. 6 Payment:payment shall be made after satisfactory completion of work and subject to the availability of fund/LOC and on production of copy of PAN card. 7 Disputes: Any disputes arising out of this order shall be decided by the sole arbitrator appointed by the Department of Power, and legal jurisdiction shall be within Basar Court under District Magistrate, Leparada District, Arunachal Pradesh. 8 Time: The work should be completed within 1 (one) month.

Cosignee: Assistant Engineer(E), Basar GOVERNMENT OF ARUNACHAL PRADESH DEPARTMENT OF POWER, BASAR-791101 WORK ORDER State: A.P s/Division:BESD Branch: T & D

Division:BaED Work Order NO. BaED/EE/DB/WO/2023-24/105 Dated 26/02/2024 Order of the work described in the Schedule is given to M/s Limin Enterprises, Tirbin Contractor to be executed as per the specification, rate and conditions appended below in the schedule. SCHEDULE OF WORKS Sl. No. Description of Item/Work Qnty. Rate (in Rs.) Unit Amount (in Rupees) Details of Transformer to be Repaired:- i) Name of Sub-Station:-Rilu, Ego, Padi I & II ii) Transformer Capacity: 25 KVA-4Nos iii) Voltage Ratio: (11/0.4) iv) Make:- v) Serial No. Shedule of Work

Servicing overhauling i/c opening the top cover, dismantling, washing, drying, varnishing, re-assembling, hearting & testing etc. as required.

6000.00 Job 24000.00

Supply and winding of HV copper coil by replacing of old with new one complete as required.

910.14 Kg 218433.60

Rewinding of HV/LV copper coil.

238.00 Kg 14280.00

Supply & refixing of insulating materials

4008.00 Job 16032.00

Supply & replacing of Gasket set complete

4200.00 Job 16800.00

Insulation Varnish

650.00 Ltr 22750.00

11 KV HT bushing studs for 25 KVA Transformer

649.00 No 2596.00

Cotton Tape

95.00 Roll 2375.00

Glass Tape

73.00 Roll 1825.00

Glass Paper

90.00 Sheet 2250.00

Soldering Wire

367.50 Kg 9187.50

Re-filling of Transformer oil

217.25 Ltr 54312.50

Page No.# 7/8 Total 384841.60 (-) Less for crap copper @ 75/- per Kg

Kg

Grand Total Rs 380716.60 Say, 3,80,717/-/- (Rupees Three Lakh Eighty Thousand Seven Hundred Seventeen) only.”

4. It is submitted by Mr. Duggong, learned counsel for the petitioners, that pursuant to the aforesaid work orders issued to the petitioners, the petitioners have executed the works for an amount of Rs. 13,10,000/- (Rupees Thirteen Lakhs Ten Thousand). Thereafter, the bills were submitted to the respondent authorities, however, the same have not yet been paid as on date. Therefore, Mr. Duggong, learned counsel for the petitioners, submits that the respondent authorities may be directed to pay the aforesaid amount of Rs. 13,10,000/- (Rupees Thirteen Lakhs Ten Thousand) to the petitioners as the same is undisputed.

5. Mr. L. Perme, learned Standing Counsel, Power Department, while placing instructions, fairly submits that although the amount claimed by the petitioners is not in fact disputed, the issuance of the work orders itself raises doubt, as the decision for execution of the works in question was taken in the year 2022 and the work orders appear to have been issued to the petitioners in the year 2024 after a lapse of 2 (two) years, whereas the decision to execute the works was to be implemented within 45 days. In such view of the matter, the respondent authorities have decided to cause an enquiry into the matter.

6. Having considered that the claim of the petitioners for execution of the works for an amount of Rs. 13,10,000/- (Rupees Thirteen Lakhs Ten

Thousand) vide Work Order Nos. BaED/EE/DB/WO/2023-24/97, BaED/EE/DB/WO/2023-24/98 and BaED/EE/DB/WO/2023-24/105, dated 23.02.2024 and 26.02.2024, is not disputed by the respondent authorities except for raising doubt with regard to the issuance of the work orders, I deem it appropriate to dispose of the writ petition with a direction to the respondent authorities to make an enquiry and verify the claim of the petitioners and if found admissible, the petitioners be paid the claim amount of Rs. 13,10,000/- (Rupees Thirteen Lakhs Ten Thousand only). It is ordered, accordingly. The exercise as directed hereinabove, shall be carried out within a period of 3 (three) months from today.

7. The writ petition stands disposed of in terms of above. JUDGE Comparing Assistant