Facts
The petitioner approached the Gauhati High Court under Article 226 of the Constitution seeking payment of ₹60,96,496 along with interest at 10% per annum from the PWD authorities.
Source reference: p.3In its affidavit-in-opposition, Respondent No. 2 stated that the running bill had been prepared according to the work executed at site and that ₹89,32,823 had already been paid against a bill value of ₹1,36,64,697.
Source reference: p.3The petitioner did not deny this assertion in his affidavit-in-reply.
Source reference: p.3Subsequently, by an additional affidavit dated 6 August 2026, Respondent No. 2 asserted that the entire bill amount of ₹1,36,64,697 had been paid in stages after necessary deductions and enclosed a completion certificate recording such payment.
Source reference: p.3The petitioner’s counsel submitted that the petitioner could not reconcile the accounts because the relevant payment vouchers were unavailable.
Source reference: p.4Issues
1. Whether the Court could direct the respondent authorities to make any further payment to the petitioner when the authorities asserted that the entire bill amount had already been paid after deductions.
Source reference: pp.4–52. Whether the petitioner was entitled to obtain the payment vouchers and disbursement details for reconciling the alleged payments.
Source reference: p.53. Whether any discrepancy revealed upon reconciliation could justify action against Respondent No. 2 for filing a misleading or false affidavit before the Court.
Source reference: p.6Law Applied
The Court applied the principle that a writ court should not direct further payment where the respondent authority has placed material before it showing that the claimed contractual dues have already been discharged, particularly when the petitioner has not denied an earlier statement of substantial payment.
Source reference: pp.3–5At the same time, where the petitioner disputes or cannot verify the asserted payments due to non-availability of supporting records, the Court may direct production of relevant payment vouchers and disbursement details to facilitate reconciliation.
Source reference: p.5The Court did not rely upon or cite any specific statutory provision or judicial precedent; its directions were based on the evidentiary record and the obligation of public authorities to substantiate statements made on affidavit before the Court.
Source reference: pp.4–6Reasoning
The Court noted that the petitioner sought ₹60,96,496, but the respondents relied on records showing payments first amounting to ₹89,32,823 and subsequently, according to the additional affidavit and completion certificate, the entire bill value of ₹1,36,64,697 after deductions.
Source reference: pp.3–4Since the petitioner had not denied the initial payment statement and the respondents had asserted full payment, the Court found no basis to order further payment in the writ proceedings.
Source reference: pp.4–5However, because the petitioner could not reconcile the accounts without the payment vouchers, the Court balanced both positions by directing Respondent No. 2 to furnish the vouchers and payment details.
Source reference: pp.5–6It further indicated that if reconciliation demonstrated that the asserted payments had not in fact been made, the filing of the additional affidavit could be treated as misleading or false, permitting the petitioner to pursue appropriate proceedings.
Source reference: pp.5–6Holding
The writ petition was disposed of without directing any further payment to the petitioner on the present record.
Respondent No. 2 was directed, upon production of a certified copy of the judgment, to provide the petitioner with the payment vouchers and disbursement details evidencing payment of ₹1,36,64,697, within thirty days.
Source reference: p.5The Court clarified that if reconciliation established that the payments had not been made as stated, the petitioner could take appropriate steps in law concerning the allegedly misleading or false affidavit filed by Respondent No. 2.
Source reference: p.6Original Court PDF
Nabajyoti BaruahvsThe State Of Assam And 7 Ors
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