Gauhati High Court
WP(C)/2679/2025 of M/S DEBANJALEE CONSTRUCTION Vs THE STATE OF ASSAM AND 3 OTHERS on 25 August 2026
GAHC010103322025 2026:GAU-AS:12501 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2679/2025 M/S DEBANJALEE CONSTRUCTION REPRESENTED BY ITS PROPRIETOR, SRI DIPANKAR ROY, AGED 63 YEARS, S/O- LATE MOHENDRA LAL ROY. R/O- H.NO.75, BILPAR ASHRAM
GAHC010103322025
2026:GAU-AS:12501
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2679/2025
M/S DEBANJALEE CONSTRUCTION
REPRESENTED BY ITS PROPRIETOR, SRI DIPANKAR ROY, AGED 63 YEARS, S/O- LATE MOHENDRA LAL ROY.
R/O- H.NO.75, BILPAR ASHRAM ROAD, PO. AND P.S.- SILCHAR.
DIST.- CACHAR, ASSAM, PIN-788005.
VERSUS
THE STATE OF ASSAM AND 3 OTHERS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT
OF ASSAM, CO-OPERATIVE SOCIETY DEPARTMENT, DISPUR, GUWAHATI- 6, DIST.- KAMRUP(M).
2:THE MANAGING DIRECTOR
HOUSEFED.
ASSAM
GUWAHATI-6.
3:THE REGISTRAR
CO -OPERATIVE SOCIETIES
KHANAPARA
GUWAHATI-23
4:THE ASSISTANT REGISTRAR
CO-OPERATIVE SOCIETIES CUM CHAIRMAN OF MONITORING
COMMITTEE
CACHAR AND KARIMGANJ DISTRICT
Advocate for the petitioner(s): Mr. I Alam Advocate for the respondent(s): Mr. SK Talukdar, Standing Counsel, Cooperation Department B E F O R E
HON’BLE MR. JUSTICE DEVASHIS BARUAH
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ORDER
26.08.2026 Heard Mr. I Alam, learned counsel appearing on behalf of the Petitioner. Also heard Mr. SK Talukdar, the learned Standing Counsel, Cooperation Department, Govt. of Assam.
2. The Petitioner being a registered firm undertaking different contractual works in different Departments under the Govt. of Assam is aggrieved by the inaction on the part of the Respondent Authorities in releasing the outstanding bill amounting to Rs.16,78,000/- to which the Petitioner is entitled to in respect of the work allotted to it i.e.“Construction of Godown by (139+112)=251 Nos. of GPSSD (PACS)/LAMP under RIDF-XVIII-2012-13 for Udharbond CS Ltd and Sonai SS Ltd. in Cachar District with the project Cost of Rs.20,000.00 and Rs.23,22,000.00 respectively”. Additionally the petitioner was allotted another work i.e. two units of construction of Godown out of (139+112)=251 Nos. of GPSSD (PACS)/LAMP under RIDF-XVIII-2012-13 i.e. a). Jatinga C.S. Ltd., in Cachar District and b). Faram Pasha CS Ltd. in Karimganj District with offer value of Rs.20,00,000.00 and of Rs.19,00,000.00 respectively. The Petitioner claims it had duly executed the respective works within the stipulated time and to the satisfaction of all concerned.
3. It is the further case of the petitioner that after completion of the works, the Petitioner submitted the requisite bills. On progress of the work, the Petitioner received the Running Bills of Rs.65,44,000/-, but the final payment amounting to Rs.16,78,000/- has not been paid till date.
4. The Petitioner had made representation dated 29.01.2025 for release of the aforesaid outstanding dues, but the same has not yielded any result. Consequently, finding no other alternatives, the Petitioner firm has approached this Court by way of the instant writ petition.
5. Mr. SK Talukdar, the learned counsel appearing on behalf of the Cooperation Department submitted that the Respondent No.3 herein has filed an affidavit-in-opposition on 30.10.2025.
6. From a perusal of the said affidavit and, more particularly, paragraph No.9, it reveals that the Respondent No.3 has stated that the grievance of the Petitioner in respect to non-payment of the outstanding dues is subject to sanction of ceiling by the Government.
7. Taking into account the above, this Court, therefore, disposes of the instant writ petition with the following observations and directions:-
(i) The Respondent Authorities shall verify as to whether the Petitioner had successfully executed and completed the works i.e.“ .“Construction of Godown by (139+112)=251 Nos. of GPSSD (PACS)/LAMP under RIDF- XVIII-2012-13 for Udharbond CS Ltd and Sonai SS Ltd. in Cachar District with the project Cost of Rs.20,000.00 and Rs.23,22,000.00 respectively as well as another work i.e. two units of construction of Godown out of (139+112)=251 Nos. of GPSSD (PACS)/LAMP under RIDF-XVIII-2012-13 i.e. a). Jatinga C.S. Ltd., in Cachar District and b). Faram Pasha CS Ltd. in Karimganj District with offer value of Rs.20,00,000.00 and of
Rs.19,00,000.00 respectively”.
(ii) The Respondent Authorities shall also verify as to whether the Petitioner has submitted the requisite documents which are required for the purpose of releasing the outstanding amount due as claimed by the Petitioner.
(iii) The Respondent Authorities shall also verify the entitlement of the Petitioner to the dues, and if upon verification in the manner stated above, it is found that the Petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the Petitioner.
(iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.2, i.e. the Managing Director Housefed, Assam, Guwahati.
JUDGE Comparing Assistant