Mandamus to verify and release outstanding contractual dues for completed works per established seniority norms.

The Petitioner, a registered Class I-C Contractor, participated in a tender floated by Respondent No. 4 for the construction of irrigation channels and related structures under the CADWM Programme (2016–17)

A formal work order was issued on 12.04.2017 for an approximate value of Rs. 15,00,000/-

The Petitioner claims to have successfully completed the work and submitted bills totaling Rs. 13,21,662/-

While the Respondent Authorities paid Rs. 7,82,429/-, an outstanding balance of Rs. 5,39,232/- remained unpaid despite several representations

The Petitioner approached the Gauhati High Court under Article 226 of the Constitution seeking a direction for the release of these dues

1. Whether the Petitioner is entitled to the release of the outstanding balance amount for works executed pursuant to the work order dated 12.04.2017

2. Whether the Court should direct the Respondent Authorities to verify the completion of work and discharge the admitted contractual liabilities in a time-bound manner

The court primarily relied on the legal principles established by the Full Bench of the Gauhati High Court in Tamsher Ali and Others v. State of Assam and Others [2008 (4) GLT 1], which governs the procedure for the payment of outstanding dues for completed government contracts and the prioritization of such payments

The Court noted the Petitioner’s claim of completed work and the Respondents' stance that payment is subject to verification of the work executed in terms of the work order

The Court determined that it could not directly order payment without a verification process to ascertain the "actual entitlement" of the Petitioner

Consequently, the Court found that the interest of justice would be served by directing the Irrigation Department (Respondents 1, 3, and 5) to conduct a factual verification of the work completed against the specific work order issued

Once the amount is verified and found due, the Respondents are legally bound to process the payment in accordance with the seniority/priority guidelines laid down in the Tamsher Ali precedent

This verification process must be completed within one month from the date of receipt of the certified order

If the Petitioner is found entitled to any amount, the Respondents are directed to release the payment in terms of the judgment in Tamsher Ali and Others v. State of Assam