The court upheld the contractor's right to receive due payments for completed works, emphasizing the necessity for timely payment as acknowledged by the Respondents under Article 226.

JUDGMENT :

Devashis Baruah, J.

The instant writ petition is filed by the petitioner challenging the non- payment of the admitted amount of Rs.31,62,083/- for execution of various contractual works allotted to the petitioner by the Respondent Authorities.

2. The case of the petitioner herein is that the petitioner was allotted various works by the Respondent Authorities more particularly by the respondent Nos.4 & 6 which are stated herein under:-

a) Work order No. CEWR(C&H)/TB/ M & R/WO/K/2012-13 dated 28.12.2012 issued by the Additional Chief Engineer, Cachar & Hills Water Resources, Silchar M & R to embankment along both banks of river Logai from Patherkandi to Nilambazar Ph-1 L/B of river Longai for 2012-13. Approximate value - Rs. 69,279.00.

(b) Work order No. KXJ / T-10 / WO / M & R / Divn / 2012-13 / 15 dated 05.01.2013 issued by the Executive Engineer, Water resources Division, Karimganj. M & R to protect the area from Phanirbond to Dullabpur from flooding of River Shingla for 2012-13 (Breach closing work at Fakiragram-II). Approximate value - Rs. 62,610.00.

(c) KXJ / T-10 / WO / Muraura / CS-1 / 2012-13 dated 22.03.2013 issued by the Executive Engineer, Water Resources Division, Karimganj. IM to embankment along B/B of River Longai from Patherkandi to Nilambazar Ph-1. L / B of River Longai for 2012-13 (Breach closing work at Muraura). Approximate value - Rs. 1,11,150.00.

(d) KXJ / T-10 / WO / Anipur / 2014-15 / 2 dated 22.05.2014 issued by the Executive Engineer, Water Resources Division, Karimganj. Strengthening & widening of embankment from Anipur to Mookamcherra covering both bank of river Shingla under Ratabari L.A.C. (Under C.M. Special Package) Approximate Value Rs. 2,82,509.00.

(e) KXJ / T-10 / WO / Anipur / 2014-15 / 1 dated 12.10.2014 issued by the Executive Engineer, Water Resources Division, Karimganj. Strengthening & widening of embankment from Anipur to Mookamcherra covering both bank of river Shingla under Ratabari L.A.C. (Under C.M. Special Package) Approximate Value Rs. 3,35,938.00.

(f) KXJ / T-10 / WO / SDRF-Shingla / 2017-18 / 5 dated 09.08.2019 issued by the Executive Engineer, Water Resources Division, Karimganj. IM to protecting the area from Phanairbond to Dullavpur from flooding of River.

3. It is pertinent to mention that the actual approximate value of the aforesaid work orders is:-

(a) Rs. 69,224.00 + (b) Rs. 60,338.00 + (c) Rs. 99,866.00 + (d) Rs. 10,79,954.00 + (e) Rs. 10,36,451.00 + (f) Rs. 8,16,250.00 = Total bill amount of Rs. 31,62,083.00.

4. It is further stated that the petitioner completed the aforesaid works within the stipulated time to the full satisfaction of all concerned and even though the bills were duly admitted by the respondent authorities, however, the said amount has not been disbursed to the petitioner till date.

5. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.31,62,083/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition.

6. This Court has heard the learned counsels for the parties and perused the affidavit-in-opposition filed by the respondent No.6. From a perusal of the said affidavit-in-opposition, it is seen that the Respondent Authorities have admitted their liability of an amount of Rs.31,62,084/-. The details can be seen in pa