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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Skylark Infra Engineering Pvt. Ltd. – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. petitioner seeks payment for completed contractual infrastructure works. (Para 1 , 2 , 3) |
| 2. respondent contests completion of works and validity of billing. (Para 4 , 5 , 6) |
| 3. disputed questions of fact preclude writ jurisdiction intervention. (Para 7 , 8) |
| 4. dismissal without prejudice to initiate civil legal proceedings. (Para 9 , 10 , 11) |
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. Ajay Dabas, the learned counsel appearing on behalf of the Petitioner and Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the Respondent Nos. 1, 2, 5 and 9. I have also heard Mr. J. Chutia, the learned Senior counsel who is also the Standing counsel of the Karbi Anglong Autonomous Council appearing on behalf of the Respondent Nos. 3, 4, 6, 7, 8.
2. The present writ petition has been filed by the Petitioner seeking a direction upon the Respondent Authorities for payment of the outstanding bill amounting to Rs.5,07,80,954/- which the Petitioner claims to be entitled to on the basis of the work carried out by the Petitioner in regard to “Improvement with widening of Lobonghat to Deithor Road providing Cement Concrete Pavement from (Ch-0.00 m to Ch-2600.00 m
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 ....
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 court affirmed that governments must promptly fulfill admitted financial obligations, emphasizing the legal duty to ensure timely payments to entitled parties.
The significance of admitted liabilities, conflicting stands, and serious disputed questions of fact in contractual matters, and the discretion of the court in exercising jurisdiction.
Verification of work completion is essential before payment can be issued under Article 226, ensuring entitlement to dues is accurately determined.
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