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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Insight Brandcom Private Limited – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
The case of the petitioner herein is that the petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the bills of the petitioner.
2. The case of the petitioner herein is that the petitioner was issued three work orders under the Director of Agriculture, Assam, Khanapara, Guwahati which are (I) No. Agri/Inf/Tender- 352/Pt-1/2019-20/116/844 dated 24.12.2020; (II) No. Agri/Inf/Tender-352/Pt-1/2019-20/117/843 dated 24.12.2020; (III) No. Agri/Inf/Tender-352/Pt-1/2019-20/115/845 dated 24.12.2020. In the said formal work orders, the tender values were quoted as Rs.31,38,800/-; Rs. 8,96,800/- and Rs. 24,66,200/- respectively.
3. It is the case of the petitioner that the petitioner successfully executed the works and accordingly submitted the bills for the said works. As per the petitioner, the petitioner is entitled to amount of Rs. 31,38,800/-; Rs. 8,96,800/- and Rs. 24,66,200/- thereby totaling to Rs.65,01,800/-. It is the case of the petitioner that the petitioner had submitted various representations to the Respondent Authorities for release of the amount however, the said amount of Rs.65,01,800/- is still p
Authorities must fulfill financial obligations timely for services rendered under contractual agreements to prevent unjust hardship to service providers.
Verification of work completion is essential before payment can be issued under Article 226, ensuring entitlement to dues is accurately determined.
Respondent authorities must verify the completion of contracted works and related documentation, ensuring timely payment of outstanding dues as mandated by administrative duty and constitutional prov....
Entitlement to payment for completed works is contingent on verification of work execution and requisite documentation as directed by the court under Article 226 of the Constitution.
The court affirmed that governments must promptly fulfill admitted financial obligations, emphasizing the legal duty to ensure timely payments to entitled parties.
Withholding of payments by government entities to contractors constitutes illegal and unconstitutional action, warranting judicial intervention for the release of dues.
The court will not entertain petitions filed after excessive delay, as it undermines the rights of other parties and contradicts the principles of equitable jurisdiction.
Verification of compliance with contractual obligations is essential for entitlement to payment in supply agreements.
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