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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
RUKMIN ENTERPRISE AND ANR. – Appellant
Versus
State Of Assam, Rep. By The Commissioner And Secretary to the govt. Of assam – Respondent
| Table of Content |
|---|
| 1. factual overview of contractual obligations and payment disputes. (Para 1 , 2 , 3 , 4) |
| 2. state admission regarding work completion subject to official verification. (Para 5) |
| 3. judicial mandate for verification and timely settlement of contractual dues. (Para 6 , 7) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. D. Baruah, the learned counsel appearing on behalf of the Petitioners and Ms. G. Borah, the learned Standing counsel appearing on behalf of the Agriculture Department.
2. The instant writ petition has been filed by the Petitioners challenging the non-payment of the contractual bill amounting to Rs. 4,00,000/- for the work awarded to the Petitioners pursuant to the NIT dated 03.12.2021 for Construction of Senior Citizen/Farmer’s waiting room at District Agricultural Office, Kamrup.
3. The case of the Petitioners herein is that pursuant to the NIT dated 03.12.2021, the Petitioners were awarded the contract vide Work Order No. EE/Agri/KD/Guw/Tech-01/2020-21/1683 dated 28.12.2021 for the work in question. It is the further case of the Petitioners that, pursuant to the Work Order dated 28.12.2021, the Petitioners started the construction work with their own resources and
Contractual compliance verification is essential for ensuring timely payment to contractors, as established in Article 226 of the Constitution.
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.
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