Nishi Kanta Bhattacharjee v. The State of Assam and 3 Ors

ORDER

17.02.2024

¶1Heard Mr. S.J. Sarkar, learned counsel for the petitioner, who submits that the petitioner had completed the contract work, namely "Improvement and Renovation of Executive Engineer's P.W.D (R.R) Residence at Subhash Nagar, Karimganj Under the Deposit Fund for the Year 2017-18", on the basis of work order dated 17.02.2018 issued by the respondent No. 3.

¶2The petitioner completed the above stipulated work and completion certificate dated 20.04.2018 has been issued by the Junior Engineer. Though the Letter dated 06.12.2021 issued by the Assistant Executive Engineer, PWD (Roads) Department, Karimganj North, Territorial Road Division (respondent No.4) shows that the respondent No. 4 had admitted that the net value of the work done is Rs.4,63,339/-, the respondent No.3 has not taken any action on the above completion certificate and the Letter dated 06.12.2021. He submits that the respondents should be directed to pay the said admitted amount. Page No.# 3/3

¶3Mr. B. Gogoi, learned counsel for the respondents submits that the completion certificate issued by the Junior Engineer on 20.04.2018 and the respondent No. 4's letter dated 06.12.2021 having shown that the work of the petitioner had been completed at a cost of Rs.4,63,339/-, the same has to be verified and approved by the respondent Nos. 2 and 3. He submits that after verification of the same by the respondent Nos. 2 and 3, the admitted amount can be paid to the petitioner.

¶4In view of the consent of the parties, the respondent Nos. 2 and 3 are directed to verify the claim of the petitioner, vis-à-vis the completion certificate issued by the Junior Engineer on 20.04.2018 and the Letter dated 06.12.2021 issued by the respondent No. 4. In the event it is found that the petitioner is to be paid some outstanding dues, the admitted amount should be paid to him. The entire exercise should be completed within 3(three) months from the date of receipt of a certified copy of this order along with a copy of the writ petition.

¶5The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010006092024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/769/2024o NISHIoKANTAoBHATTACHARJEEo S/OoLT.oMOHESHoCHANDRAoBHATTACHARJEE,o R/OoSUBASHoNAGAR,o KARIMGANJ,oP.O.ANDoP.S.oKARIMGANJoDISTRICT-oKARIMGANJ,oASSAM,o PIN-788710 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMMISSIONERoANDoSPECIALoSECRETARYoTOoTHEoGOVT.o OFoASSAMo PUBLICoWORKSo(ROADS)oDEPARTMENT,oDISPUR,oGUWAHATI,oPIN-781005 2:CHIEFoENGINEER oPUBLICoWORKSo(ROADS)oDEPARTMENT oCHANDMARI oGUWAHATI oPIN-781003. 3:EXECUTIVEoENGINEER oPUBLICoWORKSo(ROADS)oDEPARTMENT oKARIMGANJoNORTH oKARIMGANJoSOUTHoANDoBADARPURoTERRITORIALoROADoDIVISION o SUBHASHoNAGAR o KARIMGANJ oPIN-788710 4:ASSISTANToEXECUTIVEoENGINEER Page No.# 2/3 PUBLIC WORKS (ROADS) DEPARTMENT KARIMGANJ NORTH TERRITORIAL ROAD DIVISION SUBHASH NAGAR KARIMGANJ PIN-78871 Advocate for the Petitioner : MR. S P CHOUDHURY Advocate for the Respondent : SC, PWD BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA