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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Nawab Enterprise – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. legal entitlement for payment of government contract dues. (Para 1 , 2 , 3) |
| 2. governmental verification of work as a condition for payment. (Para 4) |
| 3. judicial mandate for verifying and clearing outstanding contract payments. (Para 5 , 6) |
JUDGMENT & ORDER :
DEVASHIS BARUAH, J.
Heard Ms. P. Borah, learned counsel appearing on behalf of the petitioners and Ms. D. Bora, learned Standing Counsel appearing on behalf of the Health and Family Welfare Department, Assam.
2. The instant writ petition has been filed by the Petitioners challenging the non-payment of an amount of Rs. 43,33,195.92 against the execution of works allotted to the petitioners vide letter No. NHM/DHS/MRG/Covid’19/2021-22/574 dated 20.05.2021 issued by the Joint Director of Health Services, Morigaon, Assam.
3. The case of the petitioners is that the petitioner No. 2 herein is a registered contractor under the Department of Public Health, Government of Assam and the proprietor of Petitioner No. 1. During period of Covid-19 pandemic, the respondent authorities had allotted several works to the petitioners related to Bowalguri ITI COVID Care Centre at Morigaon district and issued work order vide letter date
Verification of work completion is essential before payment can be issued under Article 226, ensuring entitlement to dues is accurately determined.
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.
Public authorities are obligated to process and release payments for completed works upon verification of execution and documentation. Inaction regarding legitimate claims for completed contracts war....
Contractual compliance verification is essential for ensuring timely payment to contractors, as established in Article 226 of the Constitution.
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