The Gauhati High Court has directed the Bodoland Territorial Council authorities to verify whether the contractor completed the works in accordance with the work order and to ascertain the exact amount, if any, to which he is entitled before making any payment of outstanding dues.
The observation was made by Justice Devashis Barua while disposing of a writ petition filed under Article 226 of the Constitution by Sudhang Kumar Brahma, who alleged inaction on the part of the respondent authorities in not releasing the balance amount claimed upon completion of works.
The petitioner stated that pursuant to administrative approval and technical sanction granted by the competent authorities of the Bodoland Territorial Council and following a successful bidding process, he was issued a work order for the 'Construction of Proposed Office Building for all CHC Office Complex at Kokrajhar District' under the One Time Special Grant for 2017-2018, at a bid amount of Rs. 10.62 crore.
He further submitted that the work was successfully completed and that a completion certificate as well as a handing over and taking over certificate had been issued. Against bills amounting to Rs. 8.03 crore, an amount of Rs. 4.83 crore was paid, leaving Rs. 3.20 crore outstanding.
The petitioner said he had made a representation before the Executive Engineer, Public Works Department, Kokrajhar seeking release of the outstanding amount. The Bodoland Territorial Council, however, maintained that whether the petitioner had completed the works in terms of the work order was a subject matter requiring verification and that his actual entitlement could be ascertained only on the basis of such verification.
Upon hearing the parties, the High Court observed that the interest of justice would be met if a direction was given to the respondent authorities to verify whether the petitioner had completed the works in accordance with the work order and thereupon to ascertain the exact amount to which the petitioner was entitled, if any.
Accordingly, the Court directed the Joint Secretary, Public Works Department, Bodoland Territorial Council; the Additional Chief Engineer-cum-Director, Public Works Department, Bodoland Territorial Council; and the Executive Engineer, Public Works Department, Bodoland Territorial Council, Kokrajhar to verify the petitioner's entitlement on the basis of the work order and determine whether he had completed the works in question.
The Court further directed that 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 Court directed that the verification be completed within one month from the date a certified copy of the order is served upon the Bodoland Territorial Council and that payment thereafter be made in terms of the judgment in Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1.
The writ petition was disposed of with these observations and directions. Case No.: WP(C)/617/2025 Case Title: Sudhang Kumar Brahma v. The Bodoland Territorial Council and 3 Ors. LL Citation: 2026 LiveLaw (Gau) 133.