GAHC010082652022 2025:GAU-AS:16916

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/2875/2022

MUSLIM ALI

SON OF LATE MAKBUL ALI

R/O SUNDARBARI

P.S. JALUKBARI, GUWAHATI-14, DIST. KAMRUP (METRO), ASSAM

VERSUS

THE STATE OF ASSAM AND 5 ORS

REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,

TOWN AND COUNTRY PLANNING DISPUR, GUWAHATI-781006.

2:THE DIRECTOR

TOWN AND COUNTRY PLANNING

DISPUR

GUWAHATI-781006

3:LAKHIPUR MUNICIPAL BOARD

(ERSTWHILE LAKHIPUR TOWN COMMITTEE)

LAKHIPUR

DIST. GOALPARA

ASSAM

REP. BY ITS CHAIRMAN

PIN-783129

4:THE CHAIRMAN

LAKHIPUR MUNICIPAL BOARD

LAKHIPUR

DIST. GOALPARA

ASSAM

PIN-783129

5:THE EXECUTIVE OFFICER LAKHIPUR MUNICIPAL BOARD LAKHIPUR DIST. GOALPARA ASSAM PIN-783129

6:THE SITE ENGINEER LAKHIPUR MUNICIPAL BOARD LAKHIPUR DIST. GOALPARA ASSAM PIN-78312 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH For the petitioner (s) : Mr. K. N. Choudhury, Sr. Advocate Mr. P. Sarma, Advocate For the respondent (s) : Mr. K. Gogoi, Addl. Sr. Govt. Advocate Mr. B. Gogoi, Advocate Date on which judgment is reserved : NA Date of pronouncement of judgment : 08.12.2025 Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been Pronounced? : Yes Heard Mr. K. N. Choudhury, the learned senior counsel assisted by Mr. P. Sarma, the learned counsel appearing on behalf of the petitioner. Mr. K. Gogoi, the learned counsel appears on behalf of the respondent Nos.1 & 2 and Mr. B. Gogoi, the learned counsel appears on behalf of the respondent Nos.3, 4, 5 & 6.

2. The petitioner herein has approached this Court seeking a writ in the nature of mandamus thereby directing the Respondent Authorities to make payment of an amount of Rs.4,59,01,594.92p to the petitioner through the RA bill in respect of the works already completed.

3. The case of the petitioner as could be seen from the materials on record is that the respondent Lakhipur Town Committee had entered into a contract with the petitioner for construction of four numbers of town roads including RCC Culverts and Pucca Drainage at Lakhipur Town under NLCPR for the year 2012-13 at a total contractual consideration of Rs.14,16,33,444/-.

4. Pursuant to entering into the contract, it is the case of the petitioner that the petitioner had completed 95% of the work. However, inspite of the bills being submitted from time to time, the petitioner’s bill amounts have not been released since October, 2020 to the tune of Rs.4,59,01,594.92p. In that regard, the petitioner had also submitted a representation on

29.01.2022. However, as the said representation remained unconsidered, the petitioner had therefore approached this Court by filing the writ petition.

5. It is seen that the respondent Lakhipur Town Committee had filed an affidavit-in-opposition wherein it is categorically stated that the project in question was supposed to be completed within 18 months and the contractor was handed over the site on 15.05.2015. But the contractor delayed in starting the work. It is further mentioned that the Executive Officer, Lakhipur Town Committee had issued letters to the contractor for providing an explanation in delaying to start the work after the site was handed over to the contractor. Further to that, it is mentioned that the contractor only started the work on 08.10.2015. It is also alleged in the said affidavit-in-opposition that there was slow progress of the work by the contractor for which various notices were issued to speed up the work.

6. In the said affidavit-in-opposition, there is also allegation that the work done by the petitioner was of poor quality and notices were issued to the petitioner for rectifying six faults with earth filling, sand gravel, blacktopping. It is also alleged that the petitioner had been granted 10 extensions from time to time and the last extension expired on 31.10.2022. It is also stated more particularly at paragraph No.3(i) that the petitioner had only completed 84% of the project wor