Facts
The petitioner, a registered contractor under the Water Resources Department, was awarded work by work order dated 16 October 2018 for closing a breach and restoring flood damage to the left bank of the river Kumatia under the SDRF scheme for 2016–17.
Source reference: p.3The petitioner asserted that the work was completed in accordance with the approved plan, estimate and specifications, and that the authorities’ inspection report dated 9 January 2019 recorded satisfactory completion.
Source reference: pp.3–4Despite completion, the admitted bill amount of ₹4,48,523 remained unpaid.
Source reference: p.4During the writ proceedings, the respondents admitted that the petitioner had executed the work and that the claimed amount had been approved for release; they also stated that budgetary and financial-sanction processes had been initiated.
Source reference: p.5Issues
Whether the petitioner was entitled to payment of the admitted amount of ₹4,48,523 for the completed government contract work.
Source reference: pp.3–5; paras. 2–6Whether the Court should direct the respondents to disburse the admitted amount within a specified period.
Source reference: pp.5–6; paras. 6–8Law Applied
The Court applied the constitutional jurisdiction under Article 226 of the Constitution to require public authorities to discharge an admitted monetary obligation arising from completed government contract work.
Source reference: pp.5–6; paras. 5–8The governing principle was that, where the government authorities expressly admit the petitioner’s entitlement to a quantified amount and do not dispute the petitioner’s performance, the admitted dues must be paid, subject to lawful deductions.
Source reference: pp.5–6; paras. 5–8Reasoning
The Court relied on the respondents’ affidavit, particularly its admission that the petitioner had executed the work and that ₹4,48,523 had been approved for release.
Source reference: p.5; para. 5Since the respondents did not dispute either completion of the work or the amount payable, the Court held that the petitioner’s entitlement was established and that continued non-payment could not be justified merely by reference to pending budgetary, financial-sanction or ceiling-proposal procedures.
Source reference: pp.5–6; paras. 5–6Holding
The Court held that the petitioner was entitled to ₹4,48,523 for the completed work and directed Respondent No. 1 to disburse the amount after deducting applicable taxes.
Payment was directed to be made within three months from the date on which a certified copy of the order was served upon Respondent No. 1.
Source reference: p.6; para. 8The writ petition was accordingly disposed of.
Source reference: p.6; para. 9Original Court PDF
Navajyoti GohainvsThe State Of Assam And 7 Ors
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