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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
| Table of Content |
|---|
| 1. petitioner seeking unpaid contract bill. (Para 2 , 3 , 4) |
| 2. respondent alleges breaches by petitioner. (Para 5 , 6 , 10) |
| 3. petitioner admits work incomplete, blames respondent. (Para 7 , 12) |
| 4. court observes disputes over payment entitlement. (Para 8 , 11 , 13 , 14) |
| 5. court orders verification of petitioner's claims. (Para 15 , 16) |
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 a
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.
Writ jurisdiction is not the appropriate forum for adjudicating disputed questions of fact, particularly in contractual matters involving claims for payment where the completion of work and validity ....
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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