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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
Devashis Baruah
Muslim Ali, Son Of Late Makbul Ali – Appellant
Versus
State Of Assam Rep. By The Commissioner And Secretary – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. K. N. Choudhury, the learned senior counsel assisted by Mr. P. Sarma, the learned counsel appearing on behalf of the petitioner. Mr. K. Gogoi, the learned counsel appears on behalf of the respondent Nos.1 & 2 and Mr. B. Gogoi, the learned counsel appears on behalf of the respondent Nos.3, 4, 5 & 6.
2. The petitioner herein has approached this Court seeking a writ in the nature of mandamus thereby directing the Respondent Authorities to make payment of an amount of Rs.4,59,01,594.92p to the petitioner through the RA bill in respect of the works already completed.
3. The case of the petitioner as could be seen from the materials on record is that the respondent Lakhipur Town Committee had entered into a contract with the petitioner for construction of four numbers of town roads including RCC Culverts and Pucca Drainage at Lakhipur Town under NLCPR for the year 2012-13 at a total contractual consideration of Rs.14,16,33,444/-.
4. Pursuant to entering into the contract, it is the case of the petitioner that the petitioner had completed 95% of the work. However, inspite of the bills being submitted from time to time, the petitioner’s bill amounts have
Mandamus cannot compel payment unless entitlement is established; the court directed verification of claims amid disputes over contract execution.
Contractual compliance verification is essential for ensuring timely payment to contractors, as established in Article 226 of the Constitution.
The withholding of payment by the authorities post satisfactory completion of contractual obligations violates principles of unjust enrichment and contractual fairness.
Excessive delay in approaching the court undermines writ jurisdiction, necessitating dismissal of claims lacking timely justification.
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