D. J. ENTERPRISE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr G Pathak, learned counsel appearing on behalf of the petitioner. Also heard Mr M Chetia, learned counsel appearing on behalf of the respondent Nos. 1, 3 and 4.

(2.) The present writ petition has been filed by the petitioner under Article 226 of the Constitution of India, being aggrieved by failure of the respondent authorities in making payment of the admitted amounts of Rs.3,06,456.00 and Rs.2,29,842.00 respectively, to the petitioner for the work done by the petitioner as per the work order vide No. NMB/PWD/02/2022-23/06 dt. 20/6/2022, was issued to him by the Respondent No. 6, i.e., the Executive Officer, Nalbari Municipal Board, Nalbari. It is the case of the petitioner that the respondent No. 6 in the District of Nalbari had issued a quotation Notice dtd. 13/6/2022, vide the aforesaid memo number under Nalbari Municipal Board- "for the supplying of the items of Poclain Excavator with Berger including all maintenance and necessary fuels etc. on monthly hired basis for cleaning/digging of Phulguri and Bhalukmara drainage channel in Nalbari Town to Nalbari Municipal Board". The petitioner had participated in the tender process and came out to be a successful bidder, whereupon formal work order vide No. NMB/PWD/02/2022-23/06 dtd. 20/6/2022, was issued to him by the Respondent No.6, i.e., the Executive Officer, Nalbari Municipal Board, Nalbari. The petitioner was required to proceed with the execution of the said work in accordance with the contract documents.

(3.) The petitioner has stated in his petition that after completion of the supply/work, the petitioner had submitted the bills Bill No. DJE/22-23/41 dtd. 6/10/2022, for the period of 20/7/2022 to 31/7/2022, amounting to Rs.3,06,456.00(Rupees Three Lacs Six Thousand Four Hundred and Fifty Six) only and Bill No. DJE/22-23/42 dtd. 6/10/2022, for the period of 1/8/2022 to 9/8/2022, amounting to Rs.2, 29, 842.00(Rupees Two Lacs Twenty Nine Thousand Eight Hundred and Forty-Two) only, including SGST,CGST and GST etc., which remain unpaid by the respondents till date.