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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
S. D. Enterprise – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. establishing the factual basis and contractual performance of the petitioner. (Para 1 , 2 , 3 , 4) |
| 2. admission of liability by the state regarding pending contractual payments. (Para 5 , 6 , 7) |
| 3. court mandated timeline for clearing admitted government liabilities. (Para 8) |
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 Kokraj
Contractual compliance verification is essential for ensuring timely payment to contractors, as established in Article 226 of the Constitution.
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....
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