Charabari Pabanjyoti Ngo v. The State of Assam and 11 Ors

ORDER

10.06.2024 Heard Mr. A. Gohain, learned counsel for the petitioner. Also heard Ms. S. Baruah, learned Government Advocate and Mr. I. Borthakur, learned Standing Counsel, PHE Department.

¶2This writ petition has been filed by the petitioner seeking directions from this Court for release of payments in respect of works executed by the petitioner.

¶3The Petitioner was awarded the following works: Page No.# 3/4

(i) Construction of low cost individual household latrine under Sashwa Bharat Mission vide No. SA.KA.AO/Rangia/Sashwa Bharat Mission/59/2016-17/9867 dated 23.03.2017;

(ii) Construction of low cost individual household latrine under Sashwa Bharat Mission Vide No. SA.KA.AO/Rangia/Sashwa Bharat Mission/59/2016-17/11233 dated 31.03.2017;

(iii) Construction of low cost individual household latrine under Sashwa Bharat Mission vide No. SA.KA.AO/Rangia/Sashwa Bharat Mission/59/2016-17/7389 dated 28.02.2017;

(iv) Construction of low cost individual household latrine under Sashwa Bharat Mission vide No. SA.KA.AO/Rangia/Sashwa Bharat Mission/59/2016-17/1136 dated 11.08.2017; and

(v) Construction of low cost individual household latrine under Sashwa Bharat Mission vide No. SA.KA.AO/Rangia/Sashwa Bharat Mission/59/2016-17/11241 dated 31.03.2017

¶4In pursuance to which, the petitioner duly executed all the works allotted and submitted his bills. The bills which were raised remained pending and the amount of Rs. 18,60,000/- (Rupees Eighteen Lakh Sixty Thousand Only) is yet to be released. The petitioner represented before the authority requesting for release of his pending dues but no response was forthcoming from the respondent authority. Under such circumstances, left with no alternative, the petitioner has come before this Court praying for a direction for release of the said amount. Page No.# 4/4

¶5Having heard the learned counsel for the parties and upon perusal of the pleadings on record, it is seen that the bills have been raised and the amount required to be paid is clearly reflected. Details of work executed are also reflected.

¶6Under such circumstances, this Court finds that the works executed and the claims raised by the petitioner are admitted by the department. Therefore it appears that the claims of the petitioner in respect of dues were kept pending without any justifiable reasons. Accordingly this writ petition is disposed of with a direction to the respondent No. 2, Chief Engineer, Public Health Engineering, Sanitation, Hengrabari, Guwahati, to look into the grievances of the petitioner. The Chief Engineer will cause necessary verification into the claims of the writ petitioner to be conducted and thereafter, take steps as expeditiously as possible for release of the amount claimed to be pending and required to be paid by the Department.

¶7The outstanding dues found if payable after verification will be made to the petitioner will be in terms of the guidelines laid down in Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1,

¶8The entire exercise is directed to be completed within a period of 60 days from the date of receipt of the certified copy of this order.

¶9Accordingly, the writ petition stands disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010049082022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2079/2022o CHARABARIoPABANJYOTIoNGOo AoNONoGOVERNMENTALoORGANIZATION,oREP.oBYoITSoPRESIDENT/o SECRETARYoASURUDDINoAHMED,oAGEDoABOUTo45oYEARS,o S/O-oSHORABoAHMEDo VILL-oCHARABARI,oP.O-oKHOPANIKUCHI,oP.S-HAJO,oPIN-o781102,oDIST-o KAMRUPo(R),oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo11oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o PUBLICoHEALTHoENGINEERINGoDEPARTMENToCUMoTHEoMISSIONo DIRECTOR,oSBMo(G)oASSAM,oHENGRABARIoGUWAHATI,oPIN-781036 2:THEoCHIEFoENGINEER o oPUBLICoHEALTHoENGINEERINGoANDoSANITATIONoDEPARTMENT oASSAMo oHENGRABARI oGUWAHATI-781036 3:THEoCHAIRMAN oKDWSCoCUMoDEPUTYoCOMMISSIONERo(R) oKAMRUP oAMINGAON 4:THEoMEMBERoSECRETARY oKDWSCoCUMoEXECUTIVEoENGINEERo(PHE)oGUWAHATIoDIVISION-oI 5:THEoASSOCIATEoMEMBERoSECRETARY oKDWSCoCUMoEXECUTIVEoENGINEERo(PHE)oRANGIAoDIVISION oRANGIA Page No.# 2/4 6:THE CHAIRMAN MADHYA PANDURI VWSC CUM PRESIDENT MADHYA PANDURI GAON PANCHAYAT 7:THE CHAIRMAN KAYAN BARPULLA VWSC CUM PRESIDENT KAYAN BARPULLA GAON PANCHAYAT 8:THE CHAIRMAN BICHANNALA VWSC CUM PRESIDENT BICHANNALA GAON PANCHAYAT 9:THE MEMBER SERETARY MADHYA PANDURI GAON PANCHAYAT/ WATER SANITATION COMMITTEE 10:THE MEMBER SECRETARY KAYAN BARPULLA GAON PANCHAYAT/ WATER SANITATION COMMITTEE 11:THE MEMBER SECRETARY BICHANNALA GAON PANCHAYAT/ WATER SANITATION COMMITTE Advocate for the Petitioner : MR. A K SARMA Advocate for the Respondent : SC, P H E BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA