Samannaya Swa Niyojan Sangstha v. The State of Assam and 6 Ors

ORDER

23.10.2024 Heard Mr. D. Kalita, learned counsel for the petitioner. Mr. I. Borthakur, learned counsel appears for the PHE Department.

¶2The case of the petitioner, a Non-Government Organization, is that the respondent no. 7 issued a work order dated 30.07.2017 for construction of 20 nos. of low cost individual household latrines under Swachh Bharat Abhiyan @ Rs. 12,000/- per unit for a total cost of Rs. 2,40,000/-. The petitioner has claimed that it executed the contract-work and submitted final bills against the said contract-work. Despite a lapse of sufficient time, the amount of Rs. 2,40,000/- against the said contract-work has not been released by the respondent authorities.

¶3Mr. I. Borthakur, learned counsel for the PHE Department submits that though instructions have been received with regard to the present writ petition, Page No.# 3/3 the instructions received are vague and despite clarifications being sought for, clarifications have not been given till date by the State respondents.

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

¶5It is seen that despite the writ petition having been filed on 09.03.2022, the State respondents have not given any specific answers to the claim made by the petitioner, even after a lapse of more than 2½ years. Consequently, this Court is of the view that the respondents would have to verify the claim of the petitioner in terms of the judgment of the Full Bench of this Court in Tamsher Ali and Etc. Etc Vs. State of Assam and Ors , reported in 2008 (4) GLT 1.

¶6The respondent No.2 is accordingly directed to verify the claim of the petitioner and take a decision on the same, within a period of 2(two) months from the date of receipt of a certified copy of this order. If the respondent No.2 comes to a finding that the petitioner is to be paid some outstanding amount, the said payment should be made to him within a further period of 2(two) months. All the respondents are directed to ensure that the funds for payment of the outstanding admitted liability, if any, is made available for payment, in the event the respondent No.2 comes to a finding that the petitioner is entitled to some outstanding amount.

¶7The writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010049202022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1819/2022o SAMANNAYAoSWAoNIYOJANoSANGSTHAo REP.oBYoITSoPRESIDENTo/oSECRETARYoNABAKANTAoBARMAN,oAGEDo ABOUTo42oYEARS.o S/O-oKANURAMoBARMAN,oNANKARBHAIRA,oP.O-oNANKARBHAIRA,o NALBARI,oASSAM,oPIN-781369 VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYo,oPUBLICoHEALTHo ENGINEERINGoCUMoTHEoMISSIONoDIRECTOR,SBMo(G),oHENGRABARI,o ASSAM,oGUWAHATI,oPIN-781036 2:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERING oSANITATION oASSAMo oHENGRABARI oGUWAHATI oASSAM oPIN-781036 3:THEoCHAIRMAN oKDWSCoCUMoDEPUTYoCOMMISSIONERo(R) oKAMRUP oAMINGAON 4:THEoMEMBERoSECRETARY oKDWSCoCUMoEXECUTIVEoENGINEERo(PHE) oGUWAHATI oDIVISIONoNO.oI 5:THEoASSOCIATEoMEMBERoSECRETARY oKDWSCoCUMoEXECUTIVEoENGINEERo(PHE) Page No.# 2/3 RANGIA DIVISION RANGIA 6:THE CHAIRMAN BISHNUPUR BALISATRA VWSC CUM PRESIDENT BISHNUPUR BALISATRA GAON PANCHAYAT 7:THE MEMBER SECRETARY BISHNUPUR BALISATRA GAON PANCHAYAT / WATER SANITATION COMMITTE Advocate for the Petitioner : MR. A K SARMA, MR D KALITA,MR H J TAMULI Advocate for the Respondent : GA, ASSAM, SC, P H E BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA