IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH
Dinamoni Haloi, S/o. Sri Rajendra Nath Haloi – Appellant
Versus
State Of Assam, Represented by the secretary to the government of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
The instant writ petition is filed by the petitioner challenging the non-payment of the admitted amount of Rs.10,08,000/- by the Respondent Authorities to the petitioner for the works executed by the petitioner.
2. The case of the petitioner herein is that the petitioner has been allotted the works vide work orders dated 17.06.2015, 02.05.2015 and 07.02.2018 issued by the respondent No.2. The total value of the allotted works was Rs. 1,36,52,000/-. Accordingly, the petitioner completed the allotted works. It is the further case of the petitioner that thereafter Respondent Authorities inspected and verified the works and issued the completion certificate on 08.08.2018 against the works executed by the petitioner. The petitioner was paid Rs. 1,26,44,000/- out of total bill amount of Rs. 1,36,52,000/- wherein Rs. 10,08,000/- remained outstanding which is due to be paid to the petitioner. But no action has been taken by the Respondent Authorities to release the outstanding bill amount of Rs. 10,08,000/- to the petitioner. Hence, this petition.
3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matt
The court affirmed that governments must promptly fulfill admitted financial obligations, emphasizing the legal duty to ensure timely payments to entitled parties.
The court upheld the contractor's right to receive due payments for completed works, emphasizing the necessity for timely payment as acknowledged by the Respondents under Article 226.
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.
Point of Law : Respondents have made the petitioner to execute the work out of his own funds, it is their bounden duty to reimburse the petitioner at the earliest, that too with interest.
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....
A supplier's entitlement to payment is affirmed upon proper supply execution, subject to verification by authorities to confirm adherence to contract terms.
The court mandates prompt response to grievances and ensures procedural fairness in administrative decisions.
Verification of compliance with contractual obligations is essential for entitlement to payment in supply agreements.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.