Petitioner sought writ directing payment of a pending contractual bill for a culvert construction project completed but not fully paid. Court directed respondents to pay the admitted amount after verification.
Direct payment of the remaining bill amount within three months after verification of work executed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/3
GAHC020000892022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Case No. : WP(C) 49/2022
1:SHRI. MOARENBA
R/O CHANGTONGYA TOWN, MOKOKCHUNG, NAGALAND
VERSUS
1:THE STATE OF NAGALAND AND 5 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, NAGALAND, KOHIMA
2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND WORK AND HOUSING DEPARTMENT NAGALAND KOHIMA
3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA
4:THE CHIEF ENGINEER PWD NATIONAL HIGHWAY NAGALAND KOHIMA
5:THE EXECUTIVE ENGINEER PWD NATIONAL HIGHWAY DIVISION -II MOKOKCHUNG NAGALAND
6:THE FINANCE COMMISSIONER FINANCE DEPARTMENT
Page No.# 2/3
NAGALAND KOHIM
Advocate for the Petitioner : ANUNGLA LKR
Advocate for the Respondent : GOVT ADV NL
:: BEFORE ::
HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER
10.03.2022
Heard the learned counsel for the parties.
This is a writ petition under Article 226 of the Constitution of India praying for issuance of appropriate writ or order or direction directing the respondents to pay the petitioner his contractual bill.
It is submitted by the learned counsel that the petitioner was awarded a contract work vide order no. SE/NH/FDR/MKG/2011-12/62-67 dated 16.04.2012 for construction of 1000 mm dia Hume Pipe Culvert at KM 190.30 under NH Division Mokokshung for amount of Rs. 5,18,700/- issued by the Executive Engineer, PWD, National Highway Divisioin-II, Mokokshung, Nagaland. And as soon the work order was issued the petitioner executed the work and completed the same within the time stipulated in the work order and thereafter, the certificate of completion, was issued by the Executive Engineer, PWD (NH) Division-II, Mokokchung, Nagaland. Out of the total amount of Rs. 5,18,700/-, Rs. 1,50,000/- only has been paid to the petitioner on 29.10.2012. However, the respondents failed to pay the remaining pending bill for the work executed, therefore, the petitioner submitted a representation to the respondent No. 4 and when the same was not responded positively, a legal notice was also served to the Chief Engineer, PWD, National Highway on 15.11.2021.
Page No.# 3/3
The Government Advocate submits that appropriate direction may be issued to the respondents to pay the remaining amount of the bill subject to verification of the work executed by the petitioner.
Considering the submissions of both the learned counsels, the facts and circumstances of the case and the documents filed by the petitioner in the writ petition, this writ petition is disposed of with a direction that the respondents should pay the petitioner the remaining amount of the bill admitted by respondent No. 5 for the work executed by the petitioner after proper verification of the work executed, within a period of 3(three) months from the date of receipt of a certified copy of this order.
Writ petition is disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ court can direct payment of a pending contractual bill after verifying the work executed.
Whether the petitioner deserves a stay on work execution or immediate payment of the admitted dues.
1 provisions across 1 enactments
Shri. Moarenba
The State of Nagaland and 5 Ors
Arun Dev Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
