Gauhati High Court

Mandamus for verification and payment of admitted contractual dues and completed works.

M/S Dipak Enterprise vs The State Of Assam And 5 Ors

Gauhati High CourtJUDGMENT: May 06, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The Petitioner, a registered contractor for the Assam Police, was awarded three work orders on 16.02.2021 for the construction of light vehicle, heavy vehicle, and store room garages at the MT Branch, Police Reserve, Goalpara.

Source reference: p.3, paras. 3-4

The Petitioner claims to have completed the works on 29.10.2022 to the satisfaction of the authorities, receiving Work Completion Certificates and Ex-Post Facto Administrative Approval.

Source reference: p.4, para. 5

Despite submitting final bills totaling ₹13,62,172/- on 30.10.2022 and sending subsequent representations, the Respondent authorities failed to release the payments for nearly four years.

Source reference: p.4, para. 6

The Petitioner filed this writ petition seeking a direction for the release of outstanding dues.

Source reference: no citation
02

Issues

1. Whether the Respondent authorities are liable to make payment for the works executed by the Petitioner despite the delay in disbursal.

Source reference: p.5, para. 8
03

Law Applied

The court applied the principle of contractual liability of State authorities under Article 226 of the Constitution of India.

Source reference: p.5, paras. 8-9

When a citizen performs work based on valid government work orders and fulfills the technical requirements (completion certificates and administrative approvals), the State is obligated to verify the claims and discharge its financial liability.

Source reference: p.5, paras. 8-9
04

Reasoning

The Court noted that the Respondent authorities did not deny that the work orders were issued to the Petitioner.

Source reference: p.5, para. 7

The Government Advocate submitted that the entitlement to payment remains subject to official verification.

Source reference: p.5, para. 7

The Court reasoned that if the Petitioner successfully executed the works as evidenced by the certificates and approvals mentioned in the pleadings, the Petitioner possesses a legitimate entitlement to the billed amounts.

Source reference: p.5, para. 8

Consequently, the Court determined that the appropriate remedy was to direct a time-bound verification process to reconcile the Petitioner's claims with Departmental records and procedural requirements.

Source reference: p.5-6, para. 9
05

Holding

The High Court disposed of the writ petition by directing the Respondent Authorities to verify: (i) the successful execution of the three specific construction works, (ii) the submission of requisite documents by the Petitioner, and (iii) the actual amount due.

The Court held that if the Petitioner is found entitled to the dues upon verification, the Respondents must release the payment.

Source reference: p.6, para. 9(iii)

The entire exercise, including payment, is ordered to be completed within six months from the date of service of the judgment copy to the Director General of Police, Assam.

Source reference: p.6, para. 9(iv)
Gauhati High Court

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M/S Dipak EnterprisevsThe State Of Assam And 5 Ors

Gauhati High Court · May 06, 2026

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