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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Bikash Thakuria, S/o. Late Mahendra Mohan Thakuria – Appellant
Versus
Bodoland Territorial Council, Represented By The Principal Secretary – Respondent
| Table of Content |
|---|
| 1. establishment of contractual obligations and work execution. (Para 1 , 2 , 3 , 4) |
| 2. history of litigation and partial satisfaction of debt. (Para 5 , 6 , 7) |
| 3. assessment of verified dues and respondent's payment acknowledgment. (Para 8 , 9 , 10) |
| 4. court mandate to enforce payment based on judicial precedent. (Para 11 , 12) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. T. Baruah, the learned counsel appearing on behalf of the Petitioner and Mr. N. R. Sharma, the learned Standing Counsel appearing on behalf of the BTC.
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 amount to which the Petitioner is entitled upon completion of the work.
3. The Petitioner herein is a Government registered contractor and has been executing various types of works under the various Departments of the State of Assam for the past several years.
4. The case of the Petitioner herein is that the Respondent Authorities, after observing due procedures and formalities, issued a work order to the Petitioner, as the successful bidder, vide Memo No. C/S-27/ ACE/PWD/BTC/MSL(R&B)/2017-18/15(A) dated
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....
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