The court directed the respondent authorities to verify the execution and completion of contract works and the submission of necessary documents to determine and release any pending payments due to the contractor.

ORDER

Heard Mrs. K.K. Choudhury, the learned counsel appearing on behalf of the petitioner. Mr. I. Borthakur, the learned Standing Counsel appears on behalf of the PHE Department.

2. It is the case of the petitioner that the petitioner had executed 2 (two) nos. of contract works namely, (i) Construction of 11 KV line & 25 KVA S/S for Power Supply pursuant to work order no. PHEE/N/2020-21/WS-54/10760 dated 04.01.2020 amounting to Rs. 5,67,303/-; and (ii) Construction of 11 KV line & 25 KVA S/S for Power Supply pursuant to work order no. PHEE/N/2020-21/WS-54/10303 dated 18.12.2020 amounting to Rs. 12,69,862/-. After execution of the contract works, he submitted final bills for a total amount of Rs. 18,37,165/-. Subsequently, part payment to the extent of Rs. 5,68,643/- was made. However, the remaining amount of Rs. 12,68,522/- has not yet been released to the petitioner despite his repeated approaches and representations before the Respondent Authorities. Seeking a direction to the Respondent Authorities to release the said amount of Rs. 12,68,522/-, the petitioner has instituted the instant writ petition.

3. Mr. I. Borthakur, the learned Standing Counsel, PHE Department submitted that he has no instructions in the matter. However, the learned Standing Counsel submitted that whether the petitioner was issued the work orders and the petitioner completed the works, for which the petitioner is entitled to any amount, the same would require necessary verification.

4. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had completed the above-mentioned works, the petitioner would be entitled to the amount. However, for the same, verification on the part of the Respondent Authorities would be required.

5. This Court, therefore, disposes of the instant writ petition with the following observations and directions:-

i) The Respondent Authorities shall verify as to whether the petitioner was issued the work orders for the works, i.e. (i) Construction of 11 KV line & 25 KVA S/S for Power Supply pursuant to work order no. PHEE/N/2020-21/WS-54/10760 dated 04.01.2020 and (ii) Construction of 11 KV line & 25 KVA S/S for Power Supply pursuant to work order no. PHEE/N/2020-21/WS-54/10303 dated 18.12.2020 and thereupon whether the petitioner had duly completed the work.

ii) The Respondent Authorities shall also verify as to whether the petitioner had submitted the requisite documents which are required for the purpose of releasing the amount due as claimed by the petitioner.

iii) The Respondent Authorities shall also verify the entitlement of the petitioner to the dues, and if upon verification in the manner stated above, it is found that the petitioner is entitled to any such amount, the Respondent Authorities shall pay the same to the petitioner.

iv) The above exercise be completed within a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.2, i.e. the Chief Engineer, Public Health Engineering (PHE) Department, Assam.