Under Article 226, the court can direct public authorities to satisfy admitted financial liabilities for completed works. Administrative delays in fund allocation do not constitute a valid legal defense for withholding undisputed payments owed to a contractor for services rendered according to established work orders.

JUDGMENT AND ORDER (ORAL) :

Heard Mr. D. P. Borah, the learned counsel appearing on behalf of the Petitioner and Mr. K. Gogoi, the learned Additional Senior Government Advocate appearing on behalf of the State Respondents. I have also heard Mr. N. R. Sharma, the learned Standing counsel appearing on behalf of the Bodoland Territorial Council.

2. The Petitioner herein 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 registered Class-I contractor under the Public Works Roads Department, Public Works Building Department and Public health Engineering Department.

4. The case of the Petitioner herein is that the Respondent Authorities, more particularly Respondent No. 4, allotted several contractual works to the Petitioner at various CRPF camps in Kokrajhar District. Upon being so allotted, the Petitioner completed all the works in terms of the respective work orders and within the stipulated time, without any complaint from any quarter. It is the further case of the Petitioner that, upon completion of the said works, the concerned Authorities of the CRPF issued Work Completion Certificates in respect thereof. Thereafter, the Petitioner submitted bills amounting to Rs.3,44,38,166/- before the Office of the Deputy Commissioner, Kokrajhar, along with the Work Completion Certificates, for payment.

5. It is further the case of the Petitioner that the aforesaid amount has been duly verified by the Respondent Authorities; however, despite such verification, the admitted bill amount has not been released. The learned counsel for the Petitioner submitted that several representations were made to the Respondent Authorities for release of the said amount; however, the amount of Rs.3,44,38,166/- still remains unpaid. Being aggrieved, the Petitioner has approached this Court under Article 226 of the Constitution.

6. Mr. K. Gogoi, the learned Additional Senior Government Advocate during the course of the hearing has placed before this Court an instruction issued by the Additional Deputy Commissioner, Kokrajhar dated 19.03.2026. The said instruction is kept on record and marked with the letter “X”.

7. From a perusal of the said instruction, it appears that the Respondents have admitted that the Petitioner is entitled to the amount of Rs.3,44,38,166/-. However, due to non-receipt of funds, the payment could not be made. The said instruction dated 19.03.2026 is reproduced herein below:

“GOVERNMENT OF ASSAM

OFFICE OF THE DISTRICT COMMISSIONER, KOKRAJHAR

(Nazarat Branch

No.KNZ-5/2018(NAZ-27873)/22 Dated Kokrajhar the 19th March, 2026

To : Shri Koustov Gogoi

Addl. Sr. Government Advocate, Assam

Gauhati High Court, Guwahati

Sub : Submission of present status of the W.P.(C) No.2996/2025 (M/S S.D. Enterprise -Vs- The State of Assam & Ors.)

Ref : Your letter No.ASGA/KG/2026/2278 & 2279 dated 10/03/2026

Sir,

With reference to the subject cited above, I would like to inform you that the proposal for release of fund for clearing the outstanding liabilities of the writ petitioner along with other suppliers/contractors for supplying of various material, Generator Set on hire basis as well as construction works to various Army/CAPF camps in connection with Counter Insurgency Operations in Kokrajhar District has already been submitted to the Govt. in Home & Political Department vide this office e-File No.118137/2024/D1 Dated:18-07-2024 (copy enclosed). But, till date no fund has been received for payment to the instant writ petitioner.

As soon as the fund received from Govt. payment will be made to the