M/S. J.K. Trade and Commerce v. The State of Assam and 6 Ors

ORDER

26.09.2024 Heard Mr. J. Abbas, learned counsel for the petitioner. Also heard Mr. S.S. Roy, learned counsel for the respondent Nos.1, 2, 3 & 7 as well as Mr. E.R. Gogoi, learned counsel for the respondent Nos.4, 5 & 6.

¶2The petitioner's case is that the petitioner had undertaken the contract Page No.# 3/4 work for construction of an RCC Gallery under the project work "Development of Barapujia Anchalik Krida Santhar Khelpathar (Construction of RCC Gallery) at Barapujia at Morigaon District." The petitioner on completion of the work, submitted his final bill amounting to Rs.1,36,37,023/-. Though the petitioner had been paid a major portion of his contractual dues, the outstanding balance amount of Rs.11,33,000/- has not been paid to the petitioner.

¶3Mr. S.S. Roy, learned counsel for the respondent Nos.1, 2, 3 & 7 submits that as per the letter No.SYW.55/ 2019/85 dated 23.09.2024 issued by the Joint Secretary to the Govt. of Assam, Sports & Youth Welfare Department, the balance amount payable to the petitioner is Rs.11.37023 lakhs.

¶4Mr. P.R. Gogoi, learned counsel for the respondent Nos.4, 5 & 6 submits that in terms of the affidavit-in-opposition filed by the respondent Nos. 4-6 on

10.09.2024, a completion certificate of the work contract was submitted to the Director, Sports & Youth Welfare, Assam and a request for release of the fourth & final bill for the petitioner had been made vide letter No. ASHB/Cons/ 686/2015/173/2421 dated 08.09.2017.

¶5I have heard the learned counsels for the parties.

¶6This Court vide order dated 16.09.2024 had directed the respondent Nos.1-7 to obtain instructions with regard to the exact amount of contractual dues still payable to the petitioner. In pursuance to the order dated 16.09.2024, Mr. S.S. Roy has submitted the letter dated 23.09.2024, wherein they have admitted that the dues payable to the petitioner is Rs.11,37,023/-. As there is no dispute to the fact that the petitioner has not been paid his contractual bills Page No.# 4/4 in full, the respondents are directed to pay to the petitioner the outstanding amount of Rs.11,37,023/- within a period of 3 months from the date of receipt of a certified copy of this order.

¶7The letter No.SYW.55/2019/85 dated 23.09.2024 issued by the Joint Secretary to the Govt. of Assam, Sports & Youth Welfare Department is made a part of the record and marked as Annexure-X.

¶8The writ petition is accordingly allowed and disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010014042019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/590/2019o M/S.oJ.K.oTRADEoANDoCOMMERCEo AoPROPRIETORSHIPoCONCERN,oREGISTEREDoCLASSo(A),oCONTRACTORo HAVINGoITSoOFFICEoAToG.S.oROAD,oCHRISTIANoBASTI,o oGUWAHATIo-o781005,o DIST.oKAMRUPo(M),oASSAM,oREP.oHEREINoBYoITSoPROPRIETORoSRIoAMITo BAGARIA,oAGEoABOUTo34oYEARS,o oS/OLATEoKAILASHoNATHoBAGARIA,o oR/OoSREEoNAGAR,oP.O.oANDoP.S.oDISPUR,oGUWAHATI,oASSAM,o-o781006. VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oHEREINoBYoITSoSECRETARYoTOoTHEoGOVToOFoASSAM,oSPORTSoANDo YOUTHoWELFAREoDEPARTMENT,oDISPUR,oGUWAHATI,oASSAM-o781006. 2:THEoJOINToSECRETARYoTOoTHEoGOVT.oOFoASSAM oSPORTSoANDoYOUTHoWELFAREoDEPARTMENT oDISPUR oGUWAHATI oASSAM-o781006. 3:THEoDEPUTYoSECRETARYoTOoTHEoGOVT.oOFoASSAM oSPORTSoANDoYOUTHoWELFAREoDEPARTMENT oDISPUR oGUWAHATI oASSAM-o781006. 4:THEoASSAMoSTATEoHOUSINGoBOARD oREP.oBYoITSoCOMMISSIONER Page No.# 2/4 R.G. BARUAH ROAD GUWAHATI ASSAM- 781005. 5:THE COMMISSIONER ASSAM STATE HOUSING BOARD R.G. BARUAH ROAD GUWAHATI ASSAM- 781005. 6:THE CHIEF HOUSING BOARD ENGINEER ASSAM STATE HOUSING BOARD GUWAHATI ASSAM - 781005. 7:THE DISTRICT SPORTS OFFICE MORIGAON ASSAM-782105 Advocate for the Petitioner : MR. S BORTHAKUR, MR. J ABBAS Advocate for the Respondent : GA, ASSAM, MR. T R GOGOI, SC,ASHB,MR. I CHOWDHURY S.C., ASSAM STATE HOUSING BOARD BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA