Rajesh Horlalka v. The State of Assam and 5 Ors

ORDER

16.09.2024 Heard Mr. B.K. Das, learned counsel for the petitioner. Also heard Mr. C. Sarma, learned counsel appearing for all the respondents.

¶2The petitioner's case is that the petitioner has not been paid his contractual dues amounting to Rs.4,77,768/- for executing contract work under the Scheme namely "IM Embankment along both bank of river Longai from Patharkandi to Nilambazar (Ph-I L/B) for 2013-14 breach closing work at Chandpur including restoration of communication in between Chandpur in Patharkandi under SDRF", despite the petitioner having submitted his bills and representations dated 27.12.2017.

¶3The respondents' case, on the other hand, is that there is no evidence to show that the petitioner had duly executed the work in question and fulfilled the relevant condition necessary for submission of demand for funds. As such, no demand of fund could be submitted without fulfilling the condition under the established norms and procedure. Accordingly, the petitioner was not entitled to the amount claimed in the writ petition. Page No.# 3/3

¶4I have heard the learned counsels for the parties and also perused the averments made in the pleadings.

¶5The opposite stands taken by the parties in the averments made in the writ petition and affidavit filed by the respondent No.2 show that there are disputed questions of fact, which would require the recording of evidence, to enable the Court to decide the issue regarding payment of alleged contractual dues of the petitioner. As this Court is ill equipped to deal with issues regarding disputed questions of fact, this Court is of the view that the petitioner should approach the Civil Court with regard to his claim for non-payment of contractual dues.

¶6Accordingly, the writ petition stands closed, with liberty being given to the petitioner to approach the Civil Court with his grievance, if so advised.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010033032019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1107/2019o RAJESHoHORLALKAo S/O-oBIJOYoKUMARoHORLALKA,oR/O-oDASPATTY,oKARIMGANJ,oP.O-o KARIMGANJ,oP.S-oKARIMGANJ,oDIST-oKARIMGANJ,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM,o WATERoRESOURCEoDEPTT,oDISPUR,oGUWAHATI-o06 2:THEoCHIEFoENGINEER oWATERoRESOURCEoDEPTT oGOVToOFoASSAM oCHANDMARI oGHY-o03 3:THEoADDITIONALoCHIEFoENGINEER oCACHARoANDoHILLSoWATERoRESOURCESoDEPTT oSILCHAR 4:THEoSUPERINTENDINGoENGINEER oHAILAKANDIoWATERoRESOURCEoCIRCLE oHAILAKANDI oASSAM 5:THEoEXECUTIVEoENGINEER oWATERoRESOURCESoDIVISION oKARIMGANJ oASSAM 6:THEoASSTToEXECUTIVEoENGINEER oWATERoRESOURCESoSUBoDIVISION Page No.# 2/3 PATHARKANDI ASSA Advocate for the Petitioner : MR. A SAIKIA, MR. B K DAS,MR. A S ALI,MR J ISLAM Advocate for the Respondent : SC, WATER RESOURCE, BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA