The entitlement of contractors for completed work and the responsibility of authorities for timely payment.

JUDGMENT :

DEVASHIS BARUAH, J.

1. The instant writ petition has been filed seeking a direction upon the Respondent Authorities to pay the amount of Rs. 73,21,168/- within a fixed period of time alongwith interest thereon.

2. The records reveals that the Petitioner who is a Class-I A registered contractor of the Water Resources Department, Morigaon was issued a Formal Work Order bearing No. MGWRD/W-3/2014-15/58 dated 27.1.2015 to execute the contract work i.e. re-allotment against cancellation of Scheme “R/S to T/Dyke along both banks of Kopili river from Charaihagi to Tuklaitup (L/B) Basundhari to Killing-Kopili junction (L/B) and Chaparmukh to Ahatguri Amsoi P.W.D. Road (R/B) including anti-erosion measures at different reaches.”

3. It is the case of the Petitioner that the Petitioner completed the work in time and after due inspection and measurement, the concerned Division prepared first Running Bill No. RA/I/MG/3364 dated 31.12.2018 for an amount of Rs. 73,21,168/- and submitted before the concerned authority for payment. It is the further case of the Petitioner that the Petitioner had approached the Respondent Authorities time and again but the said amount was not released for which the Petitioner have approached this Court by filing the instant writ petition seeking the reliefs as afore stated.

4. From a perusal of the materials on record, it reveals that on 26.3.2021 notice was issued making it returnable by 4 weeks. The Respondents however, have not filed their affidavit-in-opposition.

5. Be that as it may, on 4.10.2023, when the matter was listed, Mr. B. Goswami, the learned Additional Advocate General also representing all the State Respondents submitted that the issue involved is covered by the judgment of the Coordinate Bench of this Court dated 27.9.2022 passed in W.P. (C) No. 4734/2021. Be that as it may, as at that relevant point of time, the Secretary, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, New Delhi-110001 was not a party to the instant proceedings, an interlocutory application was filed which was registered and numbered as IA(C) No. 3140/2023 for impleading the said authority.

6. This Court vide an order dated 16.10.2023 impleaded the said authority i.e. Union of India represented by the Secretary, Ministry of Jal Shakti, Department of Water Resources, River Development and Ganga Rejuvenation, New Delhi-110001 as the Respondent No. 6 to the instant writ petition. On the same day, Mrs. S. Baruah, the Central Government Counsel accepted notice on behalf of the Respondent No. 6.

7. Be that as it may, Mr. R.K.D. Choudhury, the learned Dy. S.G.I. submits that the issue involved in the instant writ petition is covered by the judgment passed by the Coordinate Bench of this Court dated 27.9.2022 in W.P. (C) No. 4734/2021 and appropriate directions may be issued in terms with the said judgment.

8. This Court have duly perused the judgment passed by the Coordinate Bench of this Court dated 27.9.2022 in W.P. (C) No. 4734/2021, wherein it was duly observed that there was no dispute about the fact that the Petitioners therein had in fact executed the work and their claims have also not been disputed by the Departmental Authorities. It was further observed by the Coordinate Bench of this Court that since budgetary provision have been made recently, the said writ petition alongwith others were disposed off by the Coordinate Bench of this Court by issuing certain directions.

9. Today when the matter has been taken up, Mr. B. Goswami, the learned Additional Advocate General have placed the instructions before this Court to the effect that the Respondent Authorities do not deny the Petitioner’s entitlement to the amount so claimed. The said instructions is kept on record and marked with the letter “X.” It is further seen from the said instructions that the estimated amount of the scheme under which the Petitioner and various other contractors had worked was Rs. 11,062 lakhs and o