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SANJAY KUMAR MEDHI
Birendra Nath Bhuyan, S/o. Lt. Rudreswar Bhuyan – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
1. The instant writ petition has a chequered history of more than a decade when the petitioner has been time and again required to approach this Court for redressal of a grievance which has arisen for certain works done by him in the wake of the Assam Assembly Election of 2011. The petitioner had filed writ petitions in which directions were issued in favour of the petitioner. The writ appeal filed by the Department against such direction was also dismissed and the contempt petition was closed on the basis of certain communications which gave an idea that the grievance of the petitioner would be completely redressed. However, eventually, the same did not lead to complete redressal as a result of which, the present writ petition has been filed.
2. To address the issues, it is necessary to put on record the facts of the case in brief.
3. The petitioner is a registered contractor under the Public Works Department (PWD) Golaghat. In the wake of the State Elections of 2011, a number of works were taken up by the State Government including in respect of LAC No. 93 -Bokakhat with which the present lisis concerned. It is the case of the petitioner that various works relating to r
The significance of admitted liabilities, conflicting stands, and serious disputed questions of fact in contractual matters, and the discretion of the court in exercising jurisdiction.
The entitlement of contractors for completed work and the responsibility of authorities for timely payment.
Recovery cannot be unilaterally initiated post-payment for works completed under contract; compliance with procedures outlined in contract agreements is essential.
Private law disputes arising from contract obligations are resolved through appropriate legal forums and not via writ petitions under public law jurisdiction.
Court affirms that subcontractors are entitled to payment for completed works based on government acknowledgment, even without direct contractual ties.
The court highlighted the importance of the arbitration clause in the contract agreement and the principles laid down by the Supreme Court regarding the maintainability of writ petitions in contractu....
Dispute could not be raised by way of a writ petition on disputed questions of fact. Jurisdiction of High Court is wide but in respect of pure contractual matters in field of private law, having no s....
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