Bistu Ram Narzary v. The State of Assam and 7 Ors

ORDER Date : 04-03-2024 Heard Mr. M.R. Khandakar learned counsel for the petitioner. None appears for the respondent. The present writ petition is filed with a prayer to release the Page No.# 3/4 outstanding due to the petitioner for execution of certain works. According to the petitioner, the petitioner executed certain works under SDRF scheme for the year 2015-2016, however, such works were executed on verbal request of the respondent authorities without any work order. It is further the case of the petitioner that a joint verification was subsequently done, however, even after that the said amount due to the petitioner has not been made. The respondent No.6 i.e., the Executive Engineer PWD, Dhubri Rural Roads Division has filed an affidavit in opposition and had taken a stand that a joint verification was done as regards certain works but there was no report regarding the work executed by the petitioner. A further stand was taken that no work was done by the petitioner on any verbal order and therefore there is no question of regularizing the work for release of fund. Thus the respondent authorities have disputed and denied the claim of the petitioner that he had executed such work. Therefore, this court in the aforesaid backdrop of pleadings cannot entertain this writ petition to determine the disputed question of facts i.e., whether the petitioner had actually executed the work inasmuch as it is the case of the petitioner that on verbal order he executed the work. Such fact had to be investigated and determined before this court to come to a conclusion that the action of the respondent state is arbitrary to intervene with such action. Not only that such disputed fact shall require assessment of evidence and correctness of such assessment in the given facts of the present case can be tested Page No.# 4/4 satisfactorily by taking detail evidence, more particularly, as regards the verbal order and execution thereof. Such assertion and determination cannot be made in a proceeding under article 226 of the Constitution of India. Accordingly this writ petition stands dismissed. However, while parting with the record, it is provided that the petitioner shall be at liberty to approach the appropriate forum to establish his claim as permissible under law.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010009732017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/106/2017o BISTUoRAMoNARZARYo S/OoRABINDRAoNARZARYoVILL-oBAMUNGOONoPT.IIIoP.O.oSILGARAoP.S.o KOKRAJHARoDIST.oKOKRAJHAR,oBTAD,oASSAMoPINo-o783348. VERSUSo THEoSTATEoOFoASSAMoando7oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PUBLICoWORKSoDEPARTMENT,oROADS,oDISPUR,oGUWAHATI-781006. 2:THEoUNDERoSECRETARYoTOoTHE oGOVT.oOFoASSAM oPUBLICoWORKSoDEPARTMENT oROADS oDISPUR oGUWAHATIo-o781006. 3:THEoCHIEFoENGINEER oASSAMoPUBLICoWORKSoDEPARTMENToPWD oROADS oCHANDMARI oGUWAHATIo-o781003. 4:THEoSUPERINTENDINGoENGINEER oPWDoROADS oWESTERNoASSAMoCIRCLE oGOALPARA oASSAM. 5:THEoDEPUTYoCOMMISSIONER Page No.# 2/4 DHUBRI P.O. DHUBRI DIST. DHUBRI ASSAM PIN - 783301. 6:THE EXECUTIVE ENGINEER PWD ROADS DHUBRI RURAL ROADS DIVISION DHUBRI P.O DHUBRI DIST. DHUBRI ASSAM PIN - 783301. 7:THE ASSISTANT EXECUTIVE ENGINEER PWD ROADS BILASIPARA RURAL ROADS SUB-DIVISION DIST. DHUBRI ASSAM 8:THE CIRCLE OFFICER CHAPAR REVENUE CIRCLE P.O. CHAPAR DIST. DHUBRI ASSAM Advocate for the Petitioner : MR.N I KHAN Advocate for the Respondent : GA, ASSAMR5 and 8 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY