Pallab Ch. Mahanta vs. Tiwa Autonomous Council And Anr.

Held

The Court held that instead of keeping the matter pending, it was appropriate for the respondent Tiwa Autonomous Council to examine and consider the grievance of the petitioner. The Court disposed of the writ petition with a direction to the respondent Tiwa Autonomous Council to examine and verify the petitioner's claims regarding entitlement to the balance amount of Rs. 2.00 Lakhs for the executed contract work. If, after examination and verification, the petitioner is found entitled to any balance amount, the respondent Tiwa Autonomous Council shall take necessary steps to disburse the same within a period of 2 months from the receipt of a certified copy of the order. The Court did not make a definitive finding on the entitlement itself but directed the authority to do so.

Facts

The petitioner, Pallab Ch. Mahanta, was awarded a construction work by the Tiwa Autonomous Council for an amount of Rs. 5.00 Lakhs. An initial amount of Rs. 3.00 Lakhs was released. The petitioner completed the work, and an inspection report confirmed its satisfaction. Subsequently, the petitioner submitted bills for the balance amount of Rs. 2.00 Lakhs, which included GST of Rs. 20,000.00. As the balance amount was not released, the petitioner filed a writ petition seeking a direction for its release. The respondent, Tiwa Autonomous Council, stated that the claims would be examined and verified, and if found entitled, the balance amount would be released.

Key Issues

1. Whether the petitioner is entitled to the release of the balance payment of Rs. 2.00 Lakhs, including GST, for the completed construction work, and if so, what is the appropriate course of action for the respondent authority? Petitioner's Argument: The petitioner argued that the construction work was completed to the satisfaction of the respondent authority, as evidenced by an inspection report, and therefore, the balance payment of Rs. 2.00 Lakhs, including the GST component, is due. The petitioner sought a direction from the High Court for the release of this amount. Respondent's Argument: The respondent, Tiwa Autonomous Council, contended that the petitioner's claims require examination and verification. They stated that if the petitioner is found entitled after such verification, appropriate steps would be taken for the release of the balance amount in due course.