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Judgment
Heard Mr. D. Gogoi, the learned counsel appearing on behalf of the petitioner. Mr. B. Gogoi, the learned Additional Advocate General appears on behalf of the Respondents.
The case of the Petitioner herein is that the Petitioner is a Class-I Contractor registered with the PWD, Government of Assam. In the year 2023-24, the Petitioner participated in a tendering process for “Construction and Upgradation of VVIP Parking Area of New Assam Legislative Assembly Building Campus at Dispur, Guwahati-6”, and thereafter, the Petitioner was issued the formal work order vide C.S. File No.396 of 2023-2024/11103 dated 14.03.2024 for the aforesaid work. It is stated that the Petitioner completed the said work within the stipulated time. The value of the allotted work was Rs.44,30,287/-. After duly complying with all the formalities relating to the work and submitting all the mandatory documents, including the completion certificate, utilization certificate, etc., the Petitioner approached the Authority concerned for release of the value of the work. It is further stated that the Petitioner made several attempts to convince the said Authority to release the value of the work. However, for reasons best known to the said Authority, the value of the work has not been released to the Petitioner till date.
The learned counsel appearing on behalf of the Petitioner submitted that the Petitioner has been pursuing the matter diligently with the Respondents. However, the Respondent Authorities have not shown any interest in making payment of the amount of Rs.44,30,287/- due to the Petitioner thereby causing hardship to the Petitioner. The learned counsel for the Petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law thereby causing prejudice to the Petitioner. Being aggrieved, the Petitioner has approached this Court under Article 226 of the Constitution.
Mr. B. Gogoi, the learned Additional Advocate General appearing on behalf of all the Respondents submitted that there is no denial of the fact that the Petitioner was issued the construction work. He, however, submitted that the entitlement of the Petitioner would depend upon verification to be carried out by the Respondent Authorities.
Upon perusal of the materials on record, this Court is of the opinion that, if the Petitioner had completed the contractual work to the satisfaction of the Respondents, the Petitioner would be entitled to the amount as claimed for. However, verification by the Respondent Authorities would be required for the same.
Accordingly, the instant writ petition stands disposed of with the following observations and directions:-
The Respondent Authorities, i.e. the Respondent Nos.2 to 6 shall verify within 1(one) month from the date the certified copy of this judgment is served upon the Chief Engineer, PWD as to whether the contract in question, i.e. "Construction and Upgradation of VVIP Parking Area of New Assam Legislative Assembly Building Campus at Dispur, Guwahati-6" was successfully executed by the Petitioner.
The Respondent Nos.2 to 6 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.
The Respondent Nos.2 to 6 shall also verify the entitlement of the Petitioner to his dues, and if upon verification in the manner stated above, it is found that the Petitioner is entitled to any amount, a communication be issued to the Respondent No.1 within one month from the date of submission of the certified copy of the present judgment to the Chief Engineer, PWD.
The Respondent No.1 upon receipt of the communication from the Chief Engineer, PWD or his delegatee shall pay the amount to the Petitioner within five months therefrom.
It is further observed that if during verification by the Respondent Nos.2 to 6 of the entitlement of the Petitioner, it is found that the Petitioner is not entitled to any amount or an amount lesser than the amount claimed in the present proceedings, the Petitioner be informed by the Chief Engineer, PWD or his delegatee within a period of one month from the date the certified copy of this judgment is served upon the Chief Engineer, PWD.