WP(C)/546/2026 of SALAM MIA Vs THE STATE OF ASSAM AND OTHRS on 23 July 2026

GAHC010238762025

2026:GAU-AS:10215

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/546/2026 SALAM MIA SON OF LATE ABDUL HOQUE RESIDENT OF VILLAGE-KABARIBOND P.O. PATHERKANDI, DISTRICT-SRIBHUMI, ASSAM, PIN- 788724 VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT OF ASSAM, PUBLIC WORKS ROADS DEPARTMENT, DISPUR, GUWAHATI-6 2:THE CHIEF ENGINEER PWD (ROADS) ASSAM CHANDMARI GUWAHATI-03 3:THE EXECUTIVE ENGINEER PWRD PATHARKANDI AND R.K NAGAR TERRITORIAL ROAD DIVISION RAMKRISHNA NAGAR P.O- RAMKRISHNA NAGAR DIST- SRIBHUMI ASSAM PIN-788712 4:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT JANATA BHAWAN DISPUR GUWAHATI-0 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH Advocate for the petitioner (s) : Mr. K. Uddin, Advocate Advocate for the respondent (s): Mr. B. Gogoi, AAG

Date on which judgment is reserved : NA

Date of pronouncement of judgment : 24.07.2026

Whether the pronouncement is of the Operative part of the judgment? : Yes

Whether the full judgment has been Pronounced? : No.

JUDGMENT AND ORDER (ORAL) Heard Mr. K. Uddin, the learned counsel appearing on behalf of the Petitioner. Mr. B. Gogoi, the learned counsel appears on behalf of the Respondents.

2. The case of the Petitioner herein is that the Petitioner was entrusted with the execution of construction/repair works as well as the supply of office stationery materials vide different work orders issued by the Respondent Authorities. The Petitioner successfully executed the works and supplied the office stationery materials to the office of the Respondent Authorities in terms of the work orders. Accordingly, bills were submitted against each of the work orders, and the Respondent No.3 endorsed the bills. Thereafter, demand proposals were submitted to the Respondent No.1 for making payment to the Petitioner, but no payment has been made till date. It is the further case of the Petitioner that, against some of the work orders, part payments were made. In the meantime, the Respondent No.3 issued three liability statements in favour of the Petitioner, wherein an amount of Rs.7,03,083/- is shown as the balance amount payable to the Petitioner. It is further stated that the Respondent Authorities have admitted that an amount of Rs.7,03,083/- remains outstanding and is payable to the Petitioner. Hence, the present writ petition.

3. Mr. B. Gogoi, the learned Additional Advocate General appearing on behalf of the Respondents submitted that as to whether the Petitioner had completed the works in terms with the work orders in question and whether the certificate issued that the Petitioner is entitled to the amount claimed is subject to further verification which needs to be carried out by the Respondent Authorities and it is only on the basis of such verification, the actual entitlement of the Petitioner could be ascertained.

4. Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities to verify as to whether the Petitioner has completed the construction/repairing works in accordance with the work orders mentioned hereinabove and thereupon to ascertain the exact amount to which the petitioner is entitled to, if any.

5. It is under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the Respondent Authorities more particularly the respondent Nos. 1, 2 & 3 to verify the entitlement of the Petitioner on the basis of the work orders which were issued in favour of the Petitioner and as to whether the Petitioner has completed the works to the extent certified in question and thereupon, after verification if it is found that the Petitioner is entitled to any amount, the same should be paid to the Petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and Others, reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the Respondent No.2 and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra).

6. With the above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant Pradip Kumar Kalita Digitally signed by Pradip Kumar Kalita Date: 2026.07.29 12:46:01 +05'30'