Dinamani Haloi v. The State of Assam and 5 Ors

ORDER 29-05-2024 Heard Ms. P. Chutia, learned counsel for the petitioner, who submits that by filing this writ petition the petitioner seeks for a direction to the respondent authorities concerned to disburse an amount of Rs.6,52,612.00 which is due to the petitioner for execution of work under the SDRF Scheme "Immediate measures for closing the breach on L/B embankment of river Buradia at Kulbilghat Shiva temple (Restoration of damage work from K. C. Road up to 1.00 km. for 2012-2013 under SDRF). The said work was allotted to the petitioner which he has completed. Despite the same, the aforesaid amount has not been disbursed to him and therefore the petitioner before this Court. Ms. U. Das, learned Addl. Sr. Govt. Advocate appearing for respondent no. 6 submits that after a physical progress report of the Scheme was received from the Executive Engineer, Nalbari Water Resources Division, Nalbari vide letter dated Page No.# 3/3

05.02.2018, the then Deputy Commissioner, Nalbari and District Development Commissioner, Nalbari physically verified the SDRF work on 23.03.2018 and completion report of the SDRF Scheme was submitted to the Revenue and Disaster Management (General) Department vide letter No. NRR.3/2018/18 dtd.08.05.2018 for further necessary action. Ms. D. Jain, learned counsel appears for the respondent nos. 1, 3, 4 & 5 and submits that the Water Resources Department are only the executing Department and the amount claimed will have to be given by the respondent no. 2 i.e. Revenue and Disaster Management (General) Department. The respondent no. 2 is otherwise not represented today. Considering the materials available and the submissions made by the parties more particularly, the submission made by Ms. U. Das, learned Addl. Sr. Govt. Advocate in terms of the instructions received by her, the writ petition is disposed of with the direction to the respondent no. 2, i.e. Secretary to the Govt. of Assam, Revenue and Disaster Management (General) Department to examine and verify the claim of the petitioner within a period of 4 (four) weeks from the date of receipt of a certified copy of this order. Upon such examination if the amount claimed by the petitioner is found to be correct and genuine, the respondent authorities shall undertake necessary process to arrange for the fund for payment of the dues of the petitioner as expeditiously as possible in terms of Tamsher Ali Vs State of Assam reported in 2008 (4) GLT 1. Writ petition accordingly stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010025032024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/697/2024o DINAMANIoHALOIo S/OoSRIoRAJENDRAoNATHoHALOI,o RESIDENToOFoVILLAGEoANDoPOoBIHAMPUR,oPSoBELSOR,oDISToNALBARI,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oWATERo RESOURCESoDEPARTMENT,oDISPUR,oGUWAHATIo781006,oKAMRUPoMo ASSAM 2:THEoSECRETARY oTOoTHEoGOVT.oOFoASSAMo oREVENUEoANDoDISASTERoMANAGEMENTo(GENERALoDEPARTMENT)o DISPUR oGUWAHATIo781006 oKAMRUPoMoASSAM 3:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oGOVT.oOFoASSAM oCHANDMARI oGUWAHATIo781003 oKAMRUPoMoASSAM 4:THEoADDITIONALoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oGOVT.oOFoASSAM oCHANDMARI oGUWAHATIo781003 Page No.# 2/3 KAMRUP M ASSAM 5:THE EXECUTIVE ENGINEER NALBARI WATER RESOURCE DIVISION NALBARI 787057 DIST NALBARI ASSAM 6:THE DISTRICT COMMISSIONER CUM CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY NALBARI DIST DHEMAJI ASSAM 78705 Advocate for the Petitioner : MS. S CHUTIA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE NELSON SAILO