WP(C)/2820/2025 of M/S UPASANA TECHNEP AND ANR Vs THE STATE OF ASSAM AND ORS on 16 June 2026

GAHC010105562025

2026:GAU-AS:8738

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2820/2025 M/S UPASANA TECHNEP AND ANR A PROPRIETORSHIP FIRM BEING REP. BY ITS SOLE PROPRIETOR, APARNA PATHAK , 2: APARNA PATHAK W/O- AMARENDRA PATHAK

H NO-12 FLAT NO-4D PUNYA NIWAS JB ROAD CHENIKUTHI DIST- KAMRUP METRO PIN-78100 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI DIVISION II GUWAHATI-21 3:THE ASSAM TOURISM DEVELOPMENT CORPORATION REP. BY MANAGING DIRECTOR REHABARI GUWAHATI

4:THE STATE OF ASSAM REPRESENTED BY THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH

For the Petitioners : Mr. M. Biswas, Advocate Mr. D.K. Das, Advocate

For the Respondents : Ms. P. Baruah, Advocate, Mr. R.R. Gogoi, SC, PHE Mr. G. Bokolial, GA

Date on which judgment is reserved : NA Date of pronouncement of judgment : 17.06.2026 Whether the pronouncement is of the operative part of the judgment? : NA Whether the full judgment has been pronounced? : Yes JUDGMENT & ORDER (ORAL)

Heard Mr. M. Biswas, learned counsel appearing for the petitioners. Also heard Ms. P. Barua, learned counsel appearing for the respondent No.3, Mr. R.R Gogoi, learned Standing Counsel, PHE Department and Mr. G. Bokolial, learned Government Advocate.

2. The instant writ petition is filed by the petitioners challenging the non- payment of the admitted amount of Rs.34,03,085/- for completion of a Contract Work of “Temporary water supply arrangement for toilets, baths & food court, VVIP Kitchen toilet for the ensuing Brahmaputra Carnival to be held from 1st January, 2023 to February, 2023 (phase-1)”.

3. The case of the petitioners herein is that on the basis of a Work Order dated 18.11.2023, the petitioners executed the Contract Work and after the respondent authorities physically verified the works, a Completion Certificate was also submitted to that effect certifying that the Contract Work was duly executed. The petitioners thereafter approached the respondent authorities and requested them to release the amount of Rs.34,03,085/-, i.e., the total bill amount the petitioners were entitled upon completion and execution of the Contract Work. However, the respondent authorities have not yet paid the said admitted amount to the petitioners despite repeated requests. Hence, the writ petition.

4. The learned counsel appearing on behalf of the petitioners submitted that the petitioners have been pursuing the matter bonafidely and diligently with the respondents, but the respondent authorities have not shown any interest in making payment of the admitted amount of Rs.34,03,085/- due to the petitioners, for which the petitioners are facing hardship. The learned counsel for the petitioners further submitted that the respondent authorities hae failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioners. Hence, the petitioners have approached this Court by filing the instant writ petition.

5. This Court is of the opinion that if the petitioners have been awarded the contract and thereupon have duly completed the work, the respondent authorities cannot deny the petitioners to the contractual amount which the petitioners are entitled to as per law as well as the terms of the agreement.

6. It is also the opinion of this Court that the Respondent Authorities should verify the entitlement before making any payment.

7. Accordingly, the instant writ petition stands disposed of with the following observations and directions:-

(i) The respondent authorities and more particularly the Respondent No.3 shall verify as to whether the contract in question was awarded to the petitioners and as to whether the petitioners had successfully executed the Contract Work.

(ii) The respondent authorities and more particularly the Respondent No.3 shall also verify as to whether the Petitioners had submitted the requisite documents which are required for the purpose of releasing the amount due as claimed by the petitioners.

(iii) The respondent authorities and more particularly the Respondent No.3 shall also verify the entitlement of the petitioners to the dues, and if upon verification in the manner stated above, it is found that the petitioners are entitled to any such amount, the respondent authorities shall pay the same to the petitioners.

(iv) It is observed that if upon verification, it is found that the petitioner is not entitled to any amount, the petitioners be informed why the Respondents have rejected the claim of the petitioners.

(v) The above exercise be completed within a period of 06(six) months from the date a certified copy of the instant order is served upon the respondent No. 3, the Managing Director of Assam Tourism Development Corporation Limited.

(vi) Any payment already made, prior to passing of the present order, shall be set off from the total dues payable to the petitioners. JUDGE Comparing Assistant