M/S D Kumar and Sales and Anr. Vs the State of Assam and 5 Ors. — Gauhati HC (2025) — LawSathi Research

M/S D Kumar and Sales and Anr. Vs the State of Assam and 5 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of directing payment of the admitted sum of Rs.18,06,340/- (with statutory deductions, if required) within six months of service of certified copy on respondent No.4; amounts paid during pendency to be set off; liberty reserved to pursue the balance claim before the competent civil court.

Issue for consideration

Whether the petitioners are entitled to payment of the claimed amount of Rs.23,58,763/- for DTR fencing and civil works executed under Guwahati Division No.1, and if so, to what extent the respondents admit liability.

Court's answer

The petitioners are held entitled to Rs.18,06,340/-, the amount admitted by the respondents.

Ratio / Principle

The admitted amount of Rs.18,06,340/- shall be paid to the petitioners after such statutory deductions, if required, within 6 (six) months from the date a certified copy of the order is served upon respondent No.4 (Chief Engineer, Water, PHE Department).

Key takeaways

Any amount paid to the petitioners during the pendency of the writ petition towards their dues shall be set off while making payment.ratio¶¶39
For the remaining amount beyond the admitted sum, the petitioners are at liberty to approach the competent Court of Civil Jurisdiction, if otherwise permissible under law.ratio¶¶40

Detailed headnote1 paragraphs

Writ Petition (C) No. 4538 of 2024, decided 12.11.2025 (Gauhati High Court, Devashis Baruah, J.) - The petitioner firm, awarded work orders by the Executive Engineer, PHE, Guwahati Division No.1 for providing DTR fencing including civil works around transformers of various PWSS and having completed the work with completion certificates issued, sought payment of admitted contractual dues of Rs.23,58,763/-. In its affidavit-in-opposition, respondent No.4 (Chief Engineer, Water) admitted upon verification an entitlement of Rs.18,06,340/-. Holding the respondents bound by the admission, the Court disposed of the petition directing payment of Rs.18,06,340/- after statutory deductions, if so required, within six months of service of a certified copy of the order on respondent No.4, with set-off of any amounts paid during pendency, and left the petitioners at liberty to agitate the remaining amount before the competent Court of Civil Jurisdiction, if otherwise permissible under law.

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GAHC010181262024

2025:GAU-AS:15324

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/4538/2024

M/S D KUMAR AND SALES AND ANR REP. BY ITS MARKETING HEAD, ALOK DAS , WITH ITS REGD. OFFICES AT 4A MAYUR GARDEN, ABC, G.S ROAD, GUWAHATI-05, KAMRUP (M), ASSAM

VERSUS

THE STATE OF ASSAM AND 5 ORS REP. BY THE SPECIAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR, GUWAHATI, DISTRICT- KAMRUP(M), ASSAM, PIN- 781006.

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT DISPUR GUWAHATI DISTRICT- KAMRUP(M) ASSAM PIN- 781006.

3:THE SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI DISTRICT- KAMRUP(M) ASSAM PIN- 781006

4:THE CHIEF ENGINEER (WATER)

PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI

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GUWAHATI-36

5:THE ADDITIONAL CHIEF ENGINEER

PUBLIC HEALTH ENGINEERING DEPARTMENT LOWER ASSAM ZONE GUWAHATI-21 6:THE EXECUTIVE ENGINEER

PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI DIVISION -1 GUWAHATI-2

BEFORE

HONOURABLE MR. JUSTICE DEVASHIS BARUAH

Advocate for the petitioner (s) : Mr. R. Gohain, Advocate

Advocate for the respondent (s) : Mr. R. R. Gogoi, SC, PHE

Date on which judgment is reserved : NA Date of pronouncement of judgment : 12.11.2025 Whether the pronouncement is of the Operative part of the judgment? : NA Whether the full judgment has been Pronounced? : Yes

JUDGMENT AND ORDER (ORAL)

Heard Mr. R. Gohain, the learned counsel appearing on behalf of the petitioners. Mr. R. R. Gogoi, the learned counsel appears on behalf of the PHE Department.

The instant writ petition is filed by the petitioners challenging the non-payment of the admitted amount of Rs.23,58,763/- for providing DTR

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fencing including civil works around transformers of various PWSS under Guwahati Division No.1, Guwahati to the petitioners by the Respondent Authorities.

The case of the petitioners herein is that the petitioner No.1 is a partnership firm incorporated on 01.04.2017 having its registered office at 4A, Mayur Garden, ABC, G. S. Road, Guwahati and the petitioner No.2 is the Senior Manager, Marketing of the petitioner No.1 Firm. Pursuant to the tender processes initiated by the Respondent Authorities in the Public Health Engineering Department, the petitioner No.1 was awarded with the work orders issued by the Respondent No. 6, for providing DTR fencing including civil works around transformers of various PWSS under Guwahati Division No-1, Guwahati. Accordingly, the Petitioner No. 1 completed the assigned task, and in pursuance of which the Office of the Respondent No. 6 issued the completion certificates. However, no action was forthcoming from the Respondent Authorities in releasing the admitted contractual dues to the petitioner No.1 firm. Hence, this writ petition.

The learned counsel appearing on behalf of the petitioners submitted that the petitioners have been pursuing the matter diligently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.23,58,763/- due to the petitioners for which the petitioners are facing hardship. The learned counsel for the petitioners further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioners. Hence, the petitioners have approached this Court by filing the instant writ petition.

An affidavit-in-opposition has been filed by the respondent No.4, i.e.

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the Chief Engineer (Water, PHE Department wherein it is stated that upon verification, the petitioners are entitled to an amount of Rs.18,06,340 The details can be seen in paragraph Nos.4 & 5 of the said affidavit-inopposition which being relevant is reproduced herein under:-

“4. That the aforesaid writ petition has been filed for non-payment of contractual dues against various work carried out by the petitioner, whereby the claim made by the petitioner amounts to Rs.23,58,768/- (Rupees Twenty-Three Lakh Fifty-Eight Thousand Seven Hundred Sixty-Eight Only).

That the deponent begs to state upon verification of the works executed by the undersigned, the amount which the petitioner is entitled comes Rs.18,06,340/- (Rupees Eighteen Lakhs Six Thousand Three Hundred and Forty only).”

Upon perusal of the materials on record, and more particularly the affidavit-in-opposition filed by the respondent No.4, it would be seen that the Respondents therefore admit that the petitioners are entitled to the amount of Rs.18,06,340/-. Accordingly, the writ petition is disposed of with the following observations and directions:-

i) The petitioners are entitled to the amount of Rs.18,06,340/- as admitted by the Respondents.

ii) The said amount of Rs.18,06,340/- be paid to the petitioners after making such statutory deductions, if so required, within a period of 6 (six) months from the date, a certified copy of the instant order is served upon the respondent No.4, i.e. the Chief Engineer (Water, PHE Department.

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(iii) Any amount so paid during the pendency of the present writ petition towards the dues of the petitioners shall be set off while making payment to the petitioners.

It is further observed that in respect to the remaining amount, if the petitioners have any grievance, the petitioner would be at liberty to approach the competent Court of Civil Jurisdiction, if otherwise permissible under law.

JUDGE

Pradip Kumar Kalita

Digitally signed by Pradip Kumar Kalita Date: 2025.11.17 03:20:40 +05'30'

Comparing Assistant