Dinamani Haloi v. The Union of India and 5 Ors

ORDER Date : 16.02.2024

Heard Ms. S. Chutia, learned counsel for the petitioner, who submits that the contractual bill amounting to Rs. 5,40,707/- for the works executed by the petitioner under the scheme 'Channelization of River Brahmaputra from downstream of Saraighat bridge to Gondhmow area', has not been paid to the petitioner.

¶2The petitioner's counsel submits that in a series of matters, i.e., leading case being WP(C) 4734/2021 (Nazim Hussain -vs-The State of Assam and 8 others), this Court has given certain directions for payment of the said amount and accordingly prays for a similar direction to be issued in this case.

¶3Ms. R. Deka, learned counsel for the Water Resource Department and Mr. B. Gogoi, learned counsel for the Finance Department as well as Ms. A. Gayan, learned counsel for the respondent Nos. 1 and 3 submit that they have got no objection to the prayer of the petitioner's counsel, subject to re-verification of the amount payable to the petitioner. Page No.# 3/4

¶4I have heard the learned counsels for the parties.

¶5This Court, in a series of cases, leading case being WP(C) 4734/2021 (Nazim Hussain -vs-The State of Assam and 8 others), while disposing of the similar matters, had passed the following direction, which are as follows:- "(1) Within 15 (fifteen) days from today, the concerned official of the State Government of Assam will communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority of the Ministry of Jal Shakti, Government of India.

(2) Within 60 (sixty) days from the date of receipt of such communication, the Ministry of Jal Shakti to release the amount due under the schemes to the concerned Department of the Government of Assam.

(3) Upon receipt of the amount, bills of the writ petitioners shall be processed and cleared within a further period of 45 day"

¶6In view of the consent of the parties and in view of the liability statement attached to the letter No. GED/A-181/Pt.-II/19 dated 22.11.2022, issued by the Executive Engineer, Guwahati East W.R. Division, this Court is of the view that this writ petition can be disposed of at the motion stage itself.

¶7In view of there being an admission made by the respondent No. 5, the respondent No. 4 is directed to re-verify and thereafter take a decision with regard to whether the amount claimed by the petitioner is as per records. In the event, the respondent No. 4 comes to a decision that the amount claimed is an admitted amount, the direction passed in WP(C)4734/2021, which has been enumerated above, shall be complied with. The respondents shall thereafter complete the entire process, within a period of 5 (five) months from the date of receipt of a copy of this order. Page No.# 4/4

¶8This writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010026512024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/699/2024o DINAMANIoHALOIo S/OoSRIoRAJENDRAoNATHoHALOIo RESIDENToOFoVILLAGEoANDoPoOoBIHAMPUR,oPSoBELSOR,oDISToNALBARI,o ASSAM VERSUSo THEoUNIONoOFoINDIAoANDo5oORSo REPRESENTEDoBYoTHEoMINISTRYoOFoJALoSAKTI,oDEPARTMENToOFoWATER RESOURCEoANDoRIVERoDEVELOPMENToANDoGANGAoREJUNEVATION. 2:THEoSTATEoOFoASSAM oREPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM oWATERoRESOURCEoDEPARMTENT oDISPUR oGUWAHATIo781006 oKAMRUPoMoASSAM 3:THEoBRAHMAPUTRAoBOARD oASSAM oREPRESENTEDoBYoITSoCHAIRMAN oNH37 oBASISTHA oGUWAHATIo oASSAM 4:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oGOVT.oOFoASSAMoCHANDMARI oGUWAHATIo oKAMRUPoMoASSAM 5:THEoEXECUTIVEoENGINEER oGUWAHATIoEASToWATERoRESOURCESoDIVISION Page No.# 2/4 GUWAHATI KAMRUP M ASSAM 6:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHAT Advocate for the Petitioner : MS. S CHUTIA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA