GAHC010179502025 2025:GAU-AS:16927

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/4769/2025

NURJAMAL SHEIKH

S/O- FAYEZUDDIN SHEIKH, VILL- RAJAPARA PART I, P.O AND P.S-

BAGRIBARI, DIST- KOKRAJHAR, BTC ASSAM, PIN-783349,

VERSUS

THE STATE OF ASSAM

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

PWRD (WORKS) DEPARTMENT, DISPUR, GUWAHATI-06

2:THE COMMISSIONER AND SECRETARY

TO THE GOVT. OF ASSAM

FINANCE DEPARTMENT

DISPUR

GUWAHATI-06

3:THE CHIEF ENGINEER PWD (ROADS)

ASSAM

CHANDMARI

GUWAHATI-03

4:THE BODOLAND TERRITORIAL COUNCIL

REP. BY THE PRINCIPAL SECRETARY

BTC KOKRAJHAR

ASSAM

5:THE SECRETARY

PWD

BTC KOKRAJHAR

ASSAM

6:THE ADDL. CHIEF ENGINEER CUM DIRECTOR PWD BTC KOKRAJHAR ASSAM

7:THE SUPERINTENDING ENGINEER PWD (R AND B) CIRCLE BTC KOKRAJHAR ASSAM PIN-783370

8:THE EXECUTIVE ENGINEER PWD KOKRAJHAR RURAL ROAD DIVISION KOKRAJHAR BTC ASSAM . PIN-783370

9:THE ASSISTANT EXECUTIVE ENGINEER PWD GOSSAIGAON RURAL ROAD SUB-DIVISION KOKRAJHAR BTC ASSAM . PIN-783360

10:THE DISTRICT COMMISSIONER KOKRAJHAR BTC ASSAM Advocate for the petitioner(s): Mr. HR Ahmed Advocate for the respondent(s): Mr. NR Sarma, Standing Counsel, BTC Mr. B Gogoi Addl. AG, Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

08.12.2025 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 to upon completion of the contractual work allotted to him by the respondent authorities.

2. The case of the petitioner herein is that he had completed the work i.e. “Immediate restoration of both approaches of RCC Br.No.1/1 on Joldoba in connection of visit of the Chief Minister of Assam to Mahamaya Mandir and Tamarhat on 13.10.2021 under Kokrajhar Rural Roads Division for the year 2021-22”. The petitioner thereafter on completion of the work submitted a bill of an amount of Rs.33,39,000/-. However, the said payment had not been made to the petitioner till date, for which, the petitioner has approached this Court by way of the instant writ petition.

3. It is the case of the petitioner that the petitioner had successfully completed the work to the satisfaction of the respondent authorities. In that regard, the respondent authorities had also issued completion certificate dated 15.02.2022. In spite of the same, the petitioner has not been paid his dues. The learned counsel for the petitioner submitted that the petitioner had made several representations before the respondent authorities for release of the said amount, however, the amount of Rs.33,39,000/- is still pending.

4. Mr. NR Sarma, the learned Senior Standing Counsel appearing on behalf of the BTC submits that as to whether the petitioner has completed the work in question is a subject matter of verification which needs to be carried out by the respondent authorities and it is only on the basis of such verification, the actual entitlement of the petitioner can be ascertained.

5. Upon hearing the learned counsels for the parties, this Court is of the opinion that interest of justice would be met if a direction is given to the respondent authorities to verify as to whether the petitioner has completed the work in accordance with the work order mentioned hereinabove and thereupon to ascertain the exact amount to which the petitioner is entitled to, if any.

6. It is under such circumstances, this Court, therefore, disposes of the instant writ petition thereby directing the respondent authorities, more particularly, the respondent Nos.5, 6 and 7 to verify the entitlement of the petitioner on the basis of the work order which were issued in favour of the petitioner and as to whether the petitioner had completed the work in question and thereupon, after verification, if it is found that the petitioner is entitled to any amount, the same should be paid to the petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others