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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Amrjit Medhi, S/o. Late Paresh Medhi – Appellant
Versus
Guwahati Municipal Corporation, Represented Herein By Its Commissioner – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. D. Gogoi, the learned counsel appearing on behalf of the Petitioner and Mr. P. Nayak, the learned Additional Advocate General, Assam 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 Petitioner.
3. The case of the Petitioner herein is that he is a registered contractor and has been undertaking works under the Guwahati Municipal Corporation. It is the further case of the Petitioner that vide Tender bearing No. GER/CE/2378/2023/26 dated 05.01.2024, the Respondent, Guwahati Municipal Corporation, invited sealed tenders for Cleaning, Desilting and Maintenance of 148 numbers of Major City Drains under the Mitigation of Urban Flood in Guwahati City under the Guwahati Municipal Corporation, DSLT-02. Pursuant thereto, the Petitioner was selected for Package No. DSLT-02 in the said Tender dated 05.01.2024, and thereafter the Respondent GMC issued a Letter of Acceptance dated 13.02.2024 to the Petitioner in respect of the said package.
4. The learned counsel for the Petitioner submitted that, pursuant thereto
Municipal authorities must verify the execution of contracted work before payments; timely disbursement is essential for maintaining contractual obligations.
Contractual obligation to pay for completed works despite the lack of objection during execution.
Verification of work completion is essential before payment can be issued under Article 226, ensuring entitlement to dues is accurately determined.
Contractual compliance verification is essential for ensuring timely payment to contractors, as established in 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....
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.
The court mandates prompt response to grievances and ensures procedural fairness in administrative decisions.
Mandamus cannot compel payment unless entitlement is established; the court directed verification of claims amid disputes over contract execution.
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