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.

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, Nagaon Division, the Petitioner No.1 was awarded various work orders dated 06.11.2019 and 04.12.2019 issued by the Respondent Nos.5 for Design and Construction of Elevated Service Reservoir under Nagaon Division, Nagaon.

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 Authorities. The learned counsel for the Petitioners submitted that thereupon, the Petitioner No.1 has submitted a bill of an amount of Rs.48,59,325/-. However, the said amount has not been released to the Petitioners. In addition to that, the learned counsel for the Petitioners submitted that the Petitioner No.1 had submitted a representation on 20.06.2023 to the Respondent No.6 for release of the said amount however the said amount of Rs.48,59,325/- is still pending, for which the Petitioners have approached this Court under Article 226 of the Constitution.

5. Mr. D. Gogoi, the learned Standing counsel appearing on behalf of the Respondent PHE Department submitted that there is no denial to the fact that the works in question were not allotted to the Petitioner No.1. The learned Standing counsel for the Respondents however submitted that the entitlement of the Petitioners would be dependent upon further verification to be carried out by the Respondent Authorities.

6. Upon perusal of the materials on record, this Court is of the opinion that if the Petitioners had completed the works in question, the Petitioners would be entitled to the amount as claimed. However, for the same, verification on the part of the Respondent Authorities would be required.

7. Accordingly, this Court therefore disposes of the instant writ petition with the following observations and directions:

(i) The Respondent Authorities shall verify as to whether the Petitioners had successfully executed the works i.e. Design and Construction of elevated service reservoir under Nagaon Division, Nagaon as per the work orders dated 06.11.2019 and 04.12.2019.

(ii) The Respondent Authorities shall also verify as to whether the Petitioners had submitted the requisite documents which are required for the purpose of releasing the outstanding amount as claimed by the Petitioners.

(iii) The Respondent Authorities shall also verify the entitlement of the Petitioners to the outstanding dues, and if upon verification in the manner stated above, it is found that the Petitioners are entitled to any such amount, the Respondent Authorities shall pay the same to the Petitioners.

(iv) The said exercise be completed within a period of 6 (six) months from the date a certified copy of the instant judgment is served upon the Respondent No.4 i.e. the Chief Engineer (Water), Public Health Engineering Department.

(v) Any payment if made, during the pendency of the present proceedings to the Petitioners would be set off while making the payment.