GAHC010015712022 2025:GAU-AS:16592

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/554/2022

M/S DRISHTI ENTERPRISE AND ANR

REP. BY ITS PROPRIETOR SRI DHRUBAJYOTI BHAGAWATI, HAVING ITS

OFFICE AT APURVA APARTMENT, APURVA SINGHA LANE, RAJGARH-RGB

LINK ROAD, GUWAHATI-781003, DIST.- KAMRUP(M), ASSAM

2: DHRUBAJYOTI BHAGAWATI

S/O- SRI NAGENDRA NATH BHAGAWATI

R/O- APURVA APARTMENT

APURVA SINGHA LANE

RAJGARH-RGB LINK ROAD

GUWAHATI-781003 DIST.- KAMRUP(M)

ASSA

VERSUS

THE STATE OF ASSAM AND 10 ORS

REP. BY THE SECRETARY, DEPARTMENT OF SPORTS AND YOUTH

WELFARE, DISPUR, GUWAHATI-781006, ASSAM

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM

SPORTS AND YOUTH WELFARE DEPARTMENT

DISPUR GUWAHATI-6.

3:THE SPORTS AUTHORITY OF ASSAM

REP. BY ITS SECRETARY ASSAM

4:THE SECRETARY

SPORTS AUTHORITY OF ASSAM

RUDRA SINGHA SPORTS COMPLEX

SUPER MARKET

DISPUR GUWAHATI-781006.

5:THE DIRECTOR OF SPORTS AND YOUTH WELFARE

ASSAM DISPUR GUWAHATI-781006.

6:THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM PWD (BUILDING AND NATIONAL HIGHWAYS)

DISPUR GUWAHATI-781006.

7:THE CHIEF ENGINEER P.W.D. (BUILDING)

ASSAM CHANDMARI GUWAHATI-781003.

8:THE ADDITIONAL CHIEF ENGINEER P.W.D. (ELECTRICAL) ASSAM CHANDMARI GUWAHATI-781003.

9:THE SUPERINTENDING ENGINEER P.W.D. GUWAHATI ELECTRICAL CIRCLE FANCY BAZAR GUWAHATI-781001.

10:THE EXECUTIVE ENGINEER P.W.D.

GUWAHATI ELECTRICAL DIVISION CHANDMARI GUWAHATI-781003.

11:THE ASSISTANT EXECUTIVE ENGINEER P.W.D.

GUWAHATI ELECTRICAL DIVISION CHANDMARI GUWAHATI-781003 Advocate for the Petitioner : MR. U K NAIR, MR R SINGHA Advocate for the Respondent : GA, ASSAM, MISS T DAS (R-3,4),MR. I GOGOI (R-3,4),MR. A K RAY (R-3,4),SC, PWD BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR

ORDER

02.12.2025

1. Heard Mr. R. Singha, learned counsel for the petitioner. Also heard Mr. A. K. Ray, learned counsel for the respondent Nos. 3 and 4 and Mr. M. Chetia, learned counsel for the respondent Nos. 1 and 2.

2. The present writ petition is the second round of litigation initiated by the petitioner. The initial writ petition being WP(C) No. 219/2020 had been disposed of by an order dated 11.08.2021.

3. The facts leading to the institution of the earlier writ petition has been recorded in the order itself and the same are reproduced hereinbelow for an easy reference:-

“The petitioner was awarded with the work arising out of NIT No. CE/BLD/ELECT/15/2001/195 dated 16.9.2016 Issued by the Addi. Chief Engineer PWD (Electrical) for renovation/up-gradation/ construction of S. S. Stadium, Sarusajal Guwahati to improve the venue to the FIFA STANDARD for holding under 17 FIFA World Cup-2017. Amongst various works repairing and providing materials of 4 nos. of high mast with operating panel board at IGAS S. S. Stadium during the FIFA under 17 World Cup were required to be installed. It is submitted that the petitioner completed the said work and to that effect the Executive Engineer, PWD certified and the summary of works stated therein is extracted hereinbelow:

“Summary of works: Repairing of 4 nos. Sports High Masts including replacement of 2.00 KW MH Bellast, 2.060 KW MH Lamp, Ignitor, Condenser, Repairing of ACB Incomer LT Panel Board, replacement of copper cable etc induding engagement Technical Manpower for operation during the Event of Unde 17 FIFA World Cup, 2017 at Guwahati"

In response to the said completion certificate, the Secretary Sports Authority of Assam requested the Executive Engineer, PWD, Guwahati Electrical Division to hand over all the old fittings in respect of 4 nos. Sports High Masts lighting system as hereinabove referred in the Summary of works. The said old fittings were required in order to release the outstanding dues to the petitioner, It is submitted by Mr. Nair, learned Senior Counsel that the total value of the works completed as per the certificate of Electrical Engineer, PWD amounted to Rs. 40,43,944/-Out of the said amount, the respondent No. 3 released an amount of Rs. 23,52,696/-. The said amount was released way back i