Sunrise Gramin Development Society v. The State of Assam and 6 Ors

ORDER

29.07.2024 Heard Mr. A. Gohain, learned counsel for the petitioner. Also heard Mr. I. Borthakur, learned counsel for the respondent Nos. 1-5/PHE Department. No one appears for the respondent Nos. 6 and 7, though the Lawazima Court's order dated 23.07.2024 states that service of notice upon the respondent Nos. 6 & 7 has been completed.

¶2The case of the petitioner, a non government organization is that the petitioner was made to construct 50 nos. of low cost individual household latrines under the Sashwa Bharat Abhiyan @Rs.12,000/- per unit. The petitioner was thereafter issued Order/Letter No.SA.KA.AO/Rangia/SashwaBharat Mission/58/2017-18/905 dated 03.08.2017.

¶3After completion of the said work, the petitioner submitted Bill No.785 dated 04.12.2017. Page No.# 3/3

¶4The petitioner's counsel submits that the total bill amount payable to the petitioner is Rs.6,00,000/-, which has not been paid till date.

¶5Mr. I. Borthakur, learned counsel for the respondent PHE Department, on the other hand, submits that he has not received instructions till date.

¶6It is surprising to note that despite the present writ petition having been filed on 09.03.2022, the respondents have not filed any affidavit till date with regard to the grievance of the petitioner.

¶7On considering the above facts, this Court directs the respondent No.2 to verify as to whether the petitioner was given the contract work for construction of the low cost individual household latrines and whether the amount claimed by the petitioner amounting to Rs.6,00,000/- is an admitted amount. The said direction is passed in terms of the decision of the Full Bench of this Court in the case of Tamsher Ali Vs. State of Assam and Others, reported in 2008 (4) GLT 1, and also due to the fact that a similar order has already been issued by a Coordinate Bench of this Court in WP(C) 2079/2022. The entire exercise of verification and payment of the admitted amount should be completed by the respondents, within a period of 3(three) months from the date of receipt of a certified copy of this order.

¶8The writ petition is accordingly disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010049242022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1814/2022o SUNRISEoGRAMINoDEVELOPMENToSOCIETYo (AoNON-GOVERNMENTALoORGANIZATION),oREPRESENTEDoBYoITSo SECRETARYoMD.oJAIRULoISLAM,oAGEDoABOUTo45oYEARS,oS/OoHAREJoALI,o VILL-BARNAGAR,oBANEKUCHI,oP.O.-BANEKUCHI,oDIST-NALBARI,o ASSAM,oPIN-781369 VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,oPUBLICo HEALTHoENGINEERINGoCUMoTHEoMISSIONoDIRECTOR,oSBMo(G),oASSAM,o HENGRABARI,oGUWAHATI-36 2:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERING oSANITATION oHENGRABARI oGUWAHATI-36 3:THEoCHAIRMAN oKDWSC oCUMoDEPUTYoCOMMISSIONERo(R) oKAMRUP oAMINGAON 4:THEoMEMBERoSECRETARY oKDWSC oCUMoEXECUTIVEoENGINEERo(PHE)oGUWAHATIoDIVISIONoNO.oI 5:THEoASSOCIATEoMEMBERoSECRETARY oKDWSC oCUMoEXECUTIVEoENGINEERo(PHE) Page No.# 2/3 RANGIA DIVISION RANGIA 6:THE CHAIRMAN JATIA BHANGRA VWSC CUM PRESIDENT JATIA BHANGRA GAON PANCHAYAT 7:THE MEMBER SECRETARY JATIA BHANGRA 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 MICHAEL ZOTHANKHUMA