Paban Jyoti Neog v. The State of Assam and 7 Ors

ORDER Date : 08.04.2024

Page No.# 3/4 Heard Mr. H. Agarwal, learned counsel for the petitioner and Mr. H. Baruah, learned counsel appearing on behalf of Mr. B. Gogoi, learned standing counsel for the PWD.

¶2Alleging non-payment of contractual bills amounting to Rs.5,60,691/-, the present writ petition has been filed under Article 226 of the Constitution of India.

¶3The petitioner projects in this writ petition that he has suffered a road accident and suffered a heart attack and he is now physically disabled and is wheelchair-bound and he needs a lot of money for medical treatment.

¶4It is projected that on an earlier occasion, the petitioner has approached this Court by filing WP(C) 3666/2021 and by order dated

22.07.2022, the petitioner had withdrawn the writ petition with liberty to approach the authorities. It is projected that thereafter, a representation dated

26.07.2022 was submitted and as money has not been released, the present writ petition has been filed.

¶5Notice of motion was issued in this writ petition by order dated

31.03.2023 and till date the respondents have not filed the affidavit in opposition and accordingly, the averments made in this writ petitioner has not denied. Accordingly, this writ petition stands allowed as the dues of the petitioner is not denied and disputed.

¶6The amount shall be verified and if the payment found due shall be released jointly and severally by the respondent authorities to the petitioner within an outer period of 3(three) months from the date of submission of certified copy of this order before the Executive Engineer, PWD, Sivasagar (respondent no.8). Page No.# 4/4

¶7This writ petition stands allowed to the extent as indicated above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010022712023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1056/2023o PABANoJYOTIoNEOGo SONoOFoLATEoBENUDHARoNEOG,o RESIDENToOFoLOKNATHoNEOGoPATH,o KPMoCHARIALI,oP.O.oANDoP.S.-oSIVASAGAR,o DISTRICT-oSIVASAGAR,oASSAM,o 785640. VERSUSo THEoSTATEoOFoASSAMoANDo7oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,o PUBLICoWORKSoDEPARTMENTo(ROADS),o DISPUR,oGUWAHATI-6,oASSAM. 2:THEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTARTMENT oDISPUR oGUWAHATI-06 oASSAM. 3:DY.oSECRETARYoTOoTHEoGOVT.oOFoASSAM oPoWoDo(BUDGET)oDEPARTMENT oDISPUR oGUWAHATI-6 oASSAM. 4:CHIEFoENGINEERo(P) oPWDo(ROADS) oASSAM oCHANDMARI oGUWAHATI-3 Page No.# 2/4 ASSAM. 5:ADDITIONAL CHIEF ENGINEER (P) PWD (ROADS) ASSAM CHANDMARI GUWAHATI-3 ASSAM. 6:THE REVENUE DEPARTMENT THROUGH THE DISTRICT COMMISSIONER DISTRICT- SIVSAGAR. 7:SUPERINTENDING ENGINEER P.W.D. JORHAT ROAD CIRCLE JORHAT 785640 ASSAM. 8:EXECUTIVE ENGINEER PWD SIVASAGAR RURAL ROAD DIVISION SIVASAGAR 785001 ASSAM Advocate for the Petitioner : MR. B D KONWAR SR. ADV. Advocate for the Respondent : SC, PWD BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA