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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Jibamoni Kakoty S/o. Late Nagendra Nath Kakoty – Appellant
Versus
State Of Assam – Respondent
| Table of Content |
|---|
| 1. establishing the factual background and contractual status between parties. (Para 1 , 2 , 3 , 4) |
| 2. parties' contentions regarding the existence of a debt and the necessity for administrative verification. (Para 5 , 6) |
| 3. mandatory verification by authorities of completed work prior to processing pending contractual payments. (Para 7 , 8) |
JUDGMENT AND ORDER :
DEVASHIS BARUAH, J.
Heard Mr. C. Chakravarty, the learned counsel appearing on behalf of the Petitioner and Ms. B. Deka, the learned Standing counsel appearing on behalf of the Elementary Education Department. I have also heard Mr. B. Gogoi, the learned Standing Counsel appearing on behalf of the Finance Department.
2. The instant writ petition has been filed by the Petitioner challenging the non-payment of the contractual bill amounting to Rs. 5,75,484/- for the work awarded to him by the Respondent authorities, namely, the Director of Elementary Education, Assam, Kahilipara, Guwahati.
3. The Petitioner herein is a Class-I (A) contractor approved by the Department of PWD, Assam, engaged in construction works and supply of all types of materials to different Government Departments.
4. It is the case of the Petitione
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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