WP(C)/6451/2025 of RAJKUMAR BORDOLOI Vs TIWA AUTONOMOUS COUNCIL AND ANR on 4 June 2026

ORDER

Date : 05-06-2026 Heard Mr. N.J. Khataniar, learned counsel appearing for the petitioner. Also heard Ms. H. Terangpi, learned Standing Counsel, Tiwa Autonomous

Council/respondent Nos.1 &. 2.

2. By filing the present petition under Article 226 of the Constitution of India, the petitioner seeks release of the balance amount allegedly due for execution of the work namely, “Construction of M.E. School Building at Kalbari Nigam”, which was allotted to a Construction Committee headed by the petitioner vide Work Order dated 26.02.2018.

3. The facts, in brief, are that the respondent Council, out of funds received from the Government of Assam, undertook various small construction projects through Construction Committees. Pursuant to a resolution dated 10.07.2017, certain construction works were entrusted to such Committees. The petitioner, being the President of one such Construction Committee, was allotted the aforesaid work having a sanctioned value of Rs.10,00,000/. An advance amount was released as the first instalment. According to the petitioner, the work was completed in its entirety and the requisite bills along with utilisation certificates were duly submitted. However, despite successful completion of the work, the balance payment has not been released, compelling the petitioner to approach this Court by way of the present writ petition.

4. Upon issuance of notice, the respondents entered appearance and filed an affidavit-in-opposition on 22.05.2026. Paragraph 9 of the said affidavit reads as follows: “9. That with regard to the statements made in paragraphs 10, 11 and 12 of the writ petition, the deponent humbly begs to state that altogether 250 nos. of works/schemes were allotted through the Construction Committees by the TAC for the year 2017-2018. All these 250 nos. of works have been completed by the respective Construction Committees and bills were submitted. In fact, part payments have already been made against all these 250 nos. of works. However, the remaining payment could not be made due to institution of various litigations as regards award of contract through Construction Committee. However, 92 nos. of Construction Committees have preferred writ petitions before this Hon'ble Court for releasing their balance outstanding amount. This Hon'ble Court was pleased to dispose of those writ petitions directing the TAC to verify the claim of those petitioners and if they are found to be entitled, directed to make them the balance payment. Accordingly, as per the direction this Hon'ble Court, the claims of those 92 Construction Committees were verified and accordingly, payments were made to them. In fact, the claims of some of the construction committees have already been verified and payment have also been released to them in pursuance of the direction passed by this Hon'ble Court in different writ proceedings In respect of the present petitioner, it is stated that the claim of the petitioner has also been verified and inspected by the A.P.O. (technical), Tiwa Autonomous Council, Morigaon (Assam) and also by Executive Engineer, PWD Morigaon District, Territorial Building Division. It has been found that the petitioner has successfully completed the said work.”

5. Having heard the learned counsel for the parties and upon perusal of the materials placed on record, this Court finds that out of the sanctioned amount of Rs.10,00,000/-, a sum of Rs.6,00,000/- has already been released to the petitioner. The balance amount of Rs.4,00,000/- remains unpaid. Significantly, the respondents have unequivocally admitted in their affidavit-in-opposition that the work entrusted to the petitioner has been duly completed and that the claim of the petitioner stands verified. Once the execution of the work and the entitlement of the petitioner are not in dispute, there remains no justification for withholding the balance payment.

6. Ms. H. Terangpi, learned Standing Counsel for the Tiwa Autonomous Council, on instructions, fairly submits that the outstanding amount of Rs.4,00,000/- shall be released to the petitioner within an outer limit of three months from today.

7. In view of the aforesaid submission and considering the admitted position emerging from the affidavit-in-opposition, this Court deems it appropriate to dispose of the writ petition by directing the respondent authorities to release the outstanding amount of Rs.4,00,000/- to the petitioner within a period of three months from the date of receipt of a certified copy of this order.

8. The writ petition stands disposed of. JUDGE

Comparing Assistant