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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Numal Saikia, S/o. Late Kuladhar Saikia – Appellant
Versus
State Of Assam, To Be Represented By The Commissioner And Secretary To The Government Of Assam – Respondent
| Table of Content |
|---|
| 1. establishing the factual basis for unpaid contractual claims by a government contractor. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. requirement for departmental verification of work completion before payment eligibility. (Para 7) |
| 3. court mandated verification and payment process in accordance with established precedents for state liabilities. (Para 8 , 9 , 10) |
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. A.K. Azad, the learned counsel appearing on behalf of the Petitioner. Ms. M. Das, the learned Standing Counsel appears on behalf of the PWD.
2. The case of the Petitioner herein is that the Petitioner 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-1(A) contractor under the PWD, Government of Assam, and has executed various works in the said Department to the entire satisfaction of the concerned authorities.
4. The case of the Petitioner herein is that, vide Work Order No. CE/NEC/BR/11/2012/Pt-V/7 dated 10.10.2012 issued after completion of the tender process against Tender No. NEC/BR/08 of 2012–13 of the Chief Engin
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....
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.
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