GUWAHATI, India, Sept. 23 -- Gauhati High Court issued the following order on Aug. 22:

1. The instant writ petition is filed by the petitioner challenging the non-payment of the admitted amount of Rs.10,00,000/- for construction of retaining wall at the backside of District Medial Store, Diphu to the petitioner by the Respondent Authorities.

2. The case of the petitioner herein is that the petitioner is a Government registered contractor. The respondent No.5 issued work order dated 08.09.2021 for construction of retaining wall at the backside of district Medical Store, Diphu to be completed within 45 days. Accordingly, the petitioner completed the work allotted to him in terms with the work order dated 08.09.2021. Upon completion of the work by the petitioner, the office of the respondent No.7, on 21.12.2021 physically verified the work and thereafter issued certificate certifying that the petitioner has completed the work as per drawing, design and departmental specification. Thereafter, the petitioner submitted bill for payment, but till date no payment is made to the petitioner by the Respondent Authority. Hence the writ petition.

3. The learned counsel appearing on behalf of the petitioner submitted that the petitioner has been pursuing the matter delinquently with the respondents, but the Respondent Authorities have not shown any interest in making the payment of the admitted amount of Rs.10,00,000/- due to the petitioner for which the petitioner is facing hardship. The learned counsel for the petitioner further submitted that the Respondent Authorities have failed to discharge their duty in accordance with law and the same has caused prejudice to the petitioner. Hence, the petitioner has approached this Court by filing the instant writ petition.

4. Mr. J. Chutia, the learned Standing Counsel of the KAAC submitted that the respondents duly admit that the petitioner is entitled to the amount of Rs.10,00,000/-. He further submitted that out of the amount of Rs.10,00,000/-; Rs.50,000/- has already been paid to the petitioner and the remaining amount of Rs.9,50,000/- would be paid when the adequate funds are made available. In that regard, he has placed before this Court an instruction so issued by the Secretary, Department of Health and Family Welfare, Karbi Anglong Autonomous Council along with the communication dated 21.08.2025 issued by the Joint Director of Health Service, Karbi Anglong to the Secretary, Health and Family Welfare Department, Karbi Anglong Autonomous Council. All these documents are collectively kept on record and marked with the letter "X".

5. Taking into account the above, it would be seen that the Respondents therefore admit that the petitioner is entitled to the amount of Rs.9,50,000/-. Accordingly, the writ petition is disposed of with the following observations and directions:-

i) The petitioner is entitled to the amount of Rs.9,50,000/- as admitted by the Respondents.

ii) The said amount of Rs.9,50,000/- be paid to the petitioner 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.5, i.e. the Joint Director, Health Services, Karbi Anglong Autonomous Council.

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

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