WP(C) 1430/2011 BEFORE HON’BLE MR JUSTICE T.VAIPHEI Heard Mr. S. Banik, learned counsel for the petitioner and Ms V.L.Singh, learne d State counsel for the respondent No.4. As agreed to by the learned counsel for the parties, this writ petition is being disposed of at the motion stage. The petitioner is the proprietor of the firm under the named and styled as M/s P.A. Enterprise and is aggrieved by the non-payment of his runnin g bills for execution of quarters for Class III employees of Cotton College, at Rupnagar Complex, Guwahati-32. According to the petitioner, though the work has been executed through the PWD, the fund has deposited with the respondent No.4 as per the award of the 12th Finance Commission during the period 2005-2006. I n other words, the fund is now lying with the respondent No.4. The current finan cial year will expire on 31.3.2011 and unless the respondent No.4 releases the amount due to the petitioner within this financial year, the fund is likely to be lapsed. Therefore, this writ petition has been filed by the petitioner seek ing an appropriate relief. On 14.3.11 when the case came up for motion, this court adjourne d the case for today to enable the learned State counsel for the respondent No.4 to obtain necessary instructions as to why the running bills submitted by the p etitioner have not been paid till now. The learned State counsel for the respon dent No.4 has placed before this court the letter dated 1.3.11 sent by the Respo ndent No.4 to the Executive Engineer,PWD,Guwahati Building Division-1, Guwahati and the subsequent letter dated 14.3.11 sent by him to the learned Addl. Senior Govt Advocate, Assam. On going through the aforesaid letters, what I can gather is tha t payment of the running bills has been halted due to the intervention of the Commissioner, PWD-respondent No.1, who had instructed the respondent No.4 not to pay the balance amount to the petitioner without his approval. A dispute appe ars to have also been raised therein with regard to the claim of the petitioner that he has completed 61% of the work. Be that as it may, considering the fact that the fund is likely to be lapsed on 31.3.2011 and also the anxiety expressed by the learned counsel for the petitioner, the question whether 61% of the work has been completed or n ot has to be decided by the respondent authorities within a particular period of time so that the fund does not lapse unnecessarily. The Commissioner, PWD simpl y cannot halt the payment of pending bills of the petitioner for an indefinite p eriod. Speedy decision in the matter is the need of the hour. In the result, this writ petition is disposed of by directin g the Construction Committee of the Cotton College and the Commissioner of the P WD (Building), Govt of Assam (Respondent No.1) respondent No.1 to examine the e ntitlement of the petitioner about the running bills submitted by the him and t hen take an appropriate decision within a period of 7 days from the date of rec eipt of the certified copy of this order. No cost. A copy of this order be furnished to the learned counsel for the petitioner immediately. It is made clear that if the petitioner is found to be entitled to the running bills submitted by him, he shall be paid on the basis of such ent itlement before 31.3.2011. Both the letters dated 1.3.11 and 14.3.11 of the respondent No.4 is hereby made a part of the record.