Daniel Brahma v. The State of Assam and 9 Ors

ORDER

17.07.2024 Heard. Mr. T. Chakraborty, learned counsel for the petitioner. Also heard Mr. R.M. Das, learned Standing Counsel, Department of Social Justice and Empowerment, Assam. Ms. S. Boro, learned counsel appears on behalf of Ms. R.B. Bora, learned Standing Counsel, BTC.

¶2The instant writ petition has been filed under Article 226 of the Constitution of India seeking direction for releasing the final bill amounting to Rs.2,93,23,352/- to the petitioner.

¶3The case of the petitioner is that the petitioner participated in a tender process for construction of an old age home at Bedlangmari, Kokrajhar and after being successful in the said tender process, a contract agreement was executed on 23.12.2019 in favour of the petitioner. The petitioner successfully completed the construction of the old age home on 20.06.2022 and the site was also handed over to the concerned authority. Out of the total contractual dues in respect of the work, a sum of Rs.56,00,000/- was released to the petitioner. Thereafter, the final bill amount of Rs.2,93,23,352/- was submitted by the petitioner to the respondents, but till date the same being not paid to the petitioner, the instant writ petition has been filed. Page No.# 4/4

¶4Heard the counsels for the parties.

¶5It appears that the respondents have issued a completion certificate and utilization certificate in respect of the work. However, despite the same, the aforesaid amount of Rs.2,93,23,352/- has not been paid to the petitioner.

¶6Today, when the matter is called, Mr. R.M. Das, learned Standing Counsel, Department of Social Justice and Empowerment submits that he has received instructions to the effect that proposal has been sent to the Finance Department for clearing the aforesaid dues to the petitioner.

¶7In view of the aforesaid endorsement made by Mr. R.M. Das, this Court is of the considered view that this writ petition can be disposed of with a direction to the respondents to release the admitted outstanding amount to the petitioner in accordance with law within a period of 3(three) months from the date of receipt of a certified copy of this order.

¶8Ordered accordingly.

¶9The writ petition stands disposed of.

JUDGE Comparing Assistant

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