Anisul Alam Laskar v. The State of Assam and 4 Ors

ORDER Date : 03.06.2024

Heard Mr. K. A. Mazumdar, learned counsel for the petitioner and Ms. N. Bora, learned counsel for all the respondents.

¶2The matter pertains to non-payment of contractual dues amounting to Rs. 31,69,432/-.

¶3Ms. N. Bora, learned counsel for the respondents submits that as per the physical verification report made by the Junior Engineer, which was submitted to the Block Development Officer, Hailakandi Development Block, out of the petitioner's bills for supplying material for construction of PMGSY road to E & E Bund via the house of Arif Ahmed at village Gamgpar Dhumkar Part–IV of Narainpur Tupkhana GP under MGNREGA for the year 2016-2017, the value of which was Rs.39,79,034/-, the petitioner has been paid Rs.7,41,104/-. As such, the remaining balance amount payable to the petitioner is Rs.31,69,432/-. She submits that as the admitted amount has not been verified by the Head of the Department, in terms of the judgment of the Full Bench of this Court in the case of Tamsher Ali vs. State of Assam and others, reported in 2008 (4) GLT 1, this writ petition can be disposed of, if a direction is issued to the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department, to re-verify the amount payable to the petitioner. Page No.# 3/3

¶4On considering the submission made by the counsel for the respondents and keeping in view the judgment of the Full Bench of this Court in Tamsher Ali (supra), this Court directs the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department, to re-verify the contractual dues payable to the petitioner. Thereafter, the admitted amount should be paid to the petitioner. The entire exercise should be concluded within a period of 4 (four) months from the date of receipt of a certified copy of this order.

¶5This writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010006372021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/405/2021o ANISULoALAMoLASKARo S/OoLATEoALAoUDDINoLASKAR,o VILLAGEoRANGPURoPARToVII,oPOoRANGPUR,oPSoKATLICHERA,oDISTo HAILAKANDI,oASSAM,o788151 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoCOMMISSIONER,oPANCHAYAToANDoRURALo DEVELOPMENToDEPARTMENT,oASSAM,oPANJABARI,oJURIPAR,oGUWAHATIo 2:THEoPRINCIPALoSECRETARY oTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATIo06 3:THEoDIRECTOR oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oASSAM oPANJABARI oJURIPAR oGUWAHATIo37 4:THEoCHIEFoEXECUTIVEoOFFICER oHAILAKANDIoZILLAoPARISHADoCUMoPROJECToDIRECTOR oDRDA oASSAMo788151 5:THEoBLOCKoDEVELOPMENToOFFICER oHAILAKANDIoDEVELOPMENToBLOCK oHAILAKANDo Page No.# 2/3 Advocate for the Petitioner : MR. K A MAZUMDER Advocate for the Respondent : SC, PNRD BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA