Writ petition challenging non-payment of balance work order amount. Court directed respondents to verify and pay remaining sum within three months subject to fund availability.
Direction to pay remaining balance amount of Rs. 30,79,901/- within 3 months after verification, subject to fund availability.
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GAHC040006382020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C) 247/2020
1:M/S HIM G ENGINEERING
REPRESENTED BY ITS PROPRIETOR SHRI RAHIM GYADI, S/O PAPU GYADI, HEAD OFFICE AT PRESS COLONY, PAPU NALLAH, NAHARLAGUN, PO/PS NAHARLAGUN, PAPUMPARE DISTT, AP
VERSUS
1:THE STATE OF AP
REPRESENTED BY THE SECRETARY, RD, GOVT OF AP, ITANAGAR
2:THE DIRECTOR RD GOVT OF AP ITANAGAR
3:THE JOINT DIRECTOR RD GOVT OF AP ITANAGA
Advocate for the Petitioner : T T Tara D Loyi B Picha T Gadi
Advocate for the Respondent : T Bayor, SC (RD)
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BEFORE HONBLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 17-11-2020
Heard the learned counsel, Mr. B. Picha, appearing for the petitioner. Also heard Mr. T. Bayor, learned Standing Counsel for the Rural Development Department representing all the respondents.
The petitioner, herein, was given a work order for construction of a Conference Hall at Rural Development Directorate Office, Itanagar, by the respondent authority. The total value of the said work is 70 Lakhs. On two occasions, an amount of Rs. 34,58,568/- (Rupees thirty four lakhs fifty eight thousand five hundred sixty eight) only has been paid to the petitioner. It has been submitted that the petitioner has already completed 90% of the work and, therefore, he filed another representation to the respondent authority on 09.10.2018 requesting payment of the balance amount of Rs. 30,79,901/- (Rupees thirty lakhs seventy nine thousand nine hundred one) only, whereas, the said amount has not been released and for that matter, the present writ petition has been filed.
I have gone through the materials available in the record. I am of the considered opinion that the present writ petition can be disposed of, at this stage, with a direction to the respondent authorities to take steps for payment of the remaining amount of Rs. 30,79,901/- (Rupees thirty lakhs seventy nine thousand nine hundred one) only after proper verification by concerned Engineers of the Department within next 3 (three) months, subject to the availability of the funds. It is ordered accordingly.
The writ petition stands disposed of with the aforesaid observation and direction.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to payment of the balance amount for completed work.
M/S Him G Engineering
The State of AP
The Secretary, RD, Govt of AP, Itanagar
The Director RD Govt of AP Itanagar
The Joint Director RD Govt of AP Itanaga
Partshivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
