Disposed

M/S Bijulee Ghar v. the State of Assam and 8 Ors.

Gauhati HC3 May 2026WP(C)/7118/2025

Case brief

AI extract

What is this about?

Contractor sought payment of a passed First and Final Bill for completed PWD electrification work. The Court directed respondents to verify execution against the work order within one month and, if entitled, make payment in terms with the Full Bench decision in Tamsher Ali.

What the court decided

AI extract

M/S Bijulee Ghar Vs the State of Assam and 8… — Public Procurement and Tenders | Gauhati HC (2026)

Page No.# 1/4

GAHC010266052025

2026:GAU-AS:6073

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

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Case No. : WP(C)/7118/2025

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M/S BIJULEE GHAR

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REPRESENTED BY IT PARTNER AJIT KUMAR GIRI -SON OF SHRI UMESHWAR GIRI, R/O.- HOUSE NO. 30, INDRA SINGH PATH, KALAPAHAR, BIMALA NAGAR, GOPINATH NAGAR, PIN- 781016, DIST- KAMRUP METRO, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 8 ORS

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TO BE REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, PWD (ELECTRICAL DIVISION), DISPUR-781006, ASSAM

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2:THE SECRETARY TO THE GOVT. OF ASSAM PWD (ELECTRICAL DVISION) DISPUR GUWAHATI-781006 ASSAM

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3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI-6.

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4:THE CHIEF ENGINEER

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PWD (ELECTRICAL) ASSAM CHANDMARI GUWAHATI- 781003.

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5:THE EXECUTIVE ENGINEER PWD GUWAHATI ELECTRICAL DIVISION

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Page No.# 2/4

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CHANDMARI GUWAHATI- 781003 ASSAM 6:THE SUPERINTENDING ENGINEER PWD GUWAHATI ELECTRICAL CIRCLE FANCY BAZAR GUWAHATI ASSAM 7:THE EXECUTIVE ENGINEER PWD SILCHAR SONAI AND DHOLAI TERRITORIAL BUILDING DIVISION SILCHAR ASSAM. 8:THE ASSISTANT EXECUTIVE ENGINEER PWD SILCHAR ELECTRICAL SUB-DIVISION SILCHAR ASSAM 9:THE EXECUTIVE ENGINEER PWD HAILAKANDI DISTRICT TERRITORIAL BUILDING DIVISION HAILAKANDI ASSAM

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Advocate for the petitioner(s): Mr. A Ahmed

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Advocate for the respondent(s): Mr. M Bhuyan, Standing Counsel, PWD

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B E F O R E

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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04.05.2026

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Heard Mr. A Ahmed, the learned counsel appearing on behalf of the

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Page No.# 3/4

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petitioner. Mr. M Bhuyan, the learned counsel, who appears on behalf of the PWD.

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The case of the petitioner herein is that the petitioner was allotted the work for “Construction of Circle Office building including Civil, Electrical works and Brick boundary wall with RCC posts in respect of Circle Officer, Lala Revenue Circle under Hailakandi District (Providing external Electrification)”.

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It is the further case of the petitioner that after completion of the allotted work, the same was duly and properly checked, verified, measured and thereafter the respondent No.5 issued the work completion certificate on 01.07.2022. The respondent authorities also prepared “First and Final Bill” which was passed for payment by the competent Authority for an amount of Rs.7,07,955/-. However, the said amount has not been paid to the petitioner.

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Thereafter, on 13.06.2025, the petitioner submitted a representation to the respondent No. 5 seeking payment of the outstanding dues. However, as the said amount remains pending till date, the petitioner has approached this Court by filing the present writ petition.

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Mr. M Bhuyan, the learned counsel appearing on behalf of the PWD submits that as to whether the petitioner has executed the contract work in question is a subject matter of verification which needs to be carried out by the respondent authorities and it is only on the basis of such verification, the actual entitlement of the petitioner could be ascertained.

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Upon hearing the learned counsels appearing on behalf of the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the respondent authorities to verify as to whether the petitioner has executed the contract work in accordance with the work order mentioned

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Page No.# 4/4

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hereinabove and thereupon to ascertain the amount to which the petitioner is entitled to.

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It is under such circumstances, this Court, therefore, disposes of the instant writ petition thereby directing the respondent authorities, more particularly, the respondent No. 4 to verify the entitlement of the petitioner on the basis of the work order which were issued in favour of the petitioner and as to whether the petitioner has successfully executed the contract work in question and thereupon, after verification, if it is found that the petitioner is entitled to any amount, the same should be paid to the petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the respondent No.4 i.e. the Chief Engineer, PWD (Electrical), Assam, Guwahati and the payment thereupon be made in terms with the judgment rendered in the case of Tamsher Ali (supra).

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With above observations and directions, the instant writ petition stands disposed of.

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JUDGE

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Comparing Assistant

M/S Bijulee Ghar v. the State of Assam and 8 Ors.

Case brief

What is this about?

What the court decided

M/S Bijulee Ghar v. the State of Assam and 8 Ors.

Case brief

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