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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
D. Kumar And Company, Represented By Its Marketing Head, Alok Das – Appellant
Versus
State Of Assam, Represented By The Special Chief Secretary, Government Of Assam, Public Health Engineering Department – Respondent
| Table of Content |
|---|
| 1. payment due for completed contract work (Para 2 , 3 , 4) |
| 2. verification required for entitlement (Para 5) |
| 3. court's opinion on payment entitlement (Para 6) |
| 4. directions for verification and payment (Para 7) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. M. Sarma, the learned counsel appearing on behalf of the Petitioners and Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the Respondents.
2. The instant writ petition has been filed being aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the bills of the Petitioners.
3. The case of the Petitioners herein is that pursuant to a tender process initiated by the Public Health Engineering Department under Government of Assam, Mangaldai Division, the Petitioner No.1 was awarded two work orders both dated 21.01.2020 issued by the Respondent Nos.5 for Design and Construction of elevated service reservoir under Mangaldai Division, Mangaldai.
4. It is the case of the Petitioners that the Petitioner No.1 completed the said works within the stipulated time and in that regard, work completion certificates have also been issued in favour of the Petitioner No.1 by the Respondent Au
Verification of work completion is essential before payment can be issued under Article 226, ensuring entitlement to dues is accurately determined.
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.
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....
Public authorities are obligated to process and release payments for completed works upon verification of execution and documentation. Inaction regarding legitimate claims for completed contracts war....
Contractual compliance verification is essential for ensuring timely payment to contractors, as established in Article 226 of the Constitution.
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