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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Uttam Choudhury, S/o. Jyotish Chandra Choudhury – Appellant
Versus
State Of Assam, Represented By The Commissioner To The Govt. Of Assam, Fishery Deptt. – Respondent
| Table of Content |
|---|
| 1. case facts and history of work completion. (Para 1 , 2 , 3 , 4) |
| 2. parties' contentions regarding non-payment and verification needs. (Para 5 , 6) |
| 3. court-directed verification for payment of contractual dues. (Para 7 , 8) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. B. K. Gogoi, the learned counsel appearing on behalf of the Petitioner and Mr. P. Sarma, the learned Standing counsel appearing on behalf of the Respondent Nos. 1 to 6. I have also heard Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondent No.7.
2. The instant writ petition has been filed by the petitioner challenging the non-payment of the contractual bill amounting to Rs. 16,81,695/- for the work awarded to him pursuant to an NIT issued by the respondent authorities, namely, “Excavation of KUR No. 2 at Beria Beel in the district of Barpeta, Pkg. No. 16-‘B’, under the scheme ‘Creation of Capital Assets by Development of Beel Fisheries of AFDCL Ltd. under SOPD-ODS for the year 2019–20’.”
3. It is the case of the petitioner that, due to natural calamities, he could not complete the work within the stipulated time and, therefore, approached the authorities seeking a
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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