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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Mahananda Kakoti, S/o. Late Premananda Kakoti – Appellant
Versus
State Of Assam, To Be Represented By The Commissioner Secretary To The Government Of Assam, Irrigation Department – Respondent
| Table of Content |
|---|
| 1. establishing departmental liability based on work completion and verification. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. court mandated verification and payment directive per precedent. (Para 7 , 8 , 9) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. I.S. Mazarbhuiya, the learned counsel appearing on behalf of the Petitioner and Mr. N. Upadhyay, the learned Standing counsel appearing on behalf of the Irrigation Department.
2. The case of the Petitioner herein is that the Petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the balance amount to which the Petitioner is entitled to upon completion of works.
3. The Petitioner herein is a registered Class I-C Contractor under the office of the Respondent No.3.
4. The case of the Petitioner herein is that, pursuant to a tender notice, the Petitioner participated in a tender process floated by Respondent No.5 by submitting his bid and was found qualified for execution of a work having an approximate value of Rs. 4,50,000/- for construction of Brick Lined Field Channel (from Ch. 472.16 m to 528.76 m) for length 56.60 M (2 Cusec), Earthen F. C. 150.00 M (1 Cusec) at Ch. 1700 M (L/B) of B2 Ca
Contractual compliance verification is essential for ensuring timely payment to contractors, as established in 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....
A writ of mandamus can be issued to enforce payment of dues when work under contract is completed satisfactorily and unpaid despite confirmed completion.
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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