Mtcec, A Non Governmental Organization (Ngo) v. The State of Assam and 10 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. 6-11. However, the Lawazima Court's order dated 23.07.2024 states that notice upon the respondent Nos. 3 & 6 to 11 has been completed.

¶2The case of the petitioner, a non government organization is that the Page No.# 3/4 petitioner was made to construct low cost individual household latrines under the Sashwa Bharat Abhiyan @Rs.12,000/- per unit. The petitioner was thereafter issued various orders/letters for construction of the low cost latrines as per the following- "i)SA.KA.AO /Rangia/SashwaBharat Mission/58/2016-17/10,641 dated 29/03/2017,

ii)SA.KA.AO/Rangia/SashwaBharat.Mission/58/2016-17/11081 dated

30.03.2017

iii)SA.KA.AO/Rangia/SashwaBharat.Mission/58/2016-17/1457

dated

05.09.2017

iv)SA.KA.AO/Rangia/SashwaBharat.Mission/58/2016-17/9621

dated

22.03.2017

v)SA.KA.AO/Rangia/SashwaBharat.Mission/58/2016-17/11009

dated

30.03.2017

vi)SA.KA.AO/Rangia/SashwaBharat.Mission/58/2016-17/11001 dated

30.03.2017"

¶3After completion of the said works, the petitioner submitted bills against each completed work as follows- "Bill No. 882 dated 30.01.2018, Bill No. 895 dated 15.02.2018, Bill No. 857 dated 22.12.2017, Bill No. 872 dated 04.01.2018, Bill No. 854 dated 22.12.2017, Bill No. 855 dated 22.12.2017 "

¶4The petitioner's counsel submits that the total bill amount payable to the petitioner is Rs.24,12,000/-.

¶5Mr. I. Borthakur, learned counsel for the respondent PHE Department, on Page No.# 4/4 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.24,12,000/- 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.#o1/4 GAHC010049262022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1811/2022o MTCEC,oAoNONoGOVERNMENTALoORGANIZATIONo(NGO)o REP.oBYoITSoSECRETARYoABDULoRAHMAN,oS/O.oLT.oSAYEDoALI,oVILL.o BAMUNGAON,oP.O.oPUTHIMARI,oP.S.KAMALPUR,oPIN-781381,oDIST.o KAMRUPo(R),oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo10oORS.o REP.oBYoTHEoCOMM.oANDoSECY.,oPUBLICoHEALTHoENGINEERINGoCUMo THEoMISSIONoDIRECTOR,oSBMo(G),oASSAM,oHENGRABARI,oGUWAHATI-36. 2:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERING oSANITATION oHENGRABARI oGUWAHATI-36. 3:THEoCHAIRMAN oKDWSCoCUMoDEPUTYoCOMMISSIONERo(R) oKAMRUP oAMINGAON. 4:THEoMAMBERoSECRETARY oKDWSCoCUMoEXECUTIVEoENGINEERo(PHE)oGUWAHATIoDIVISIONoNO.I. 5:THEoASSOCIATEoMEMBERoSECRETARY oKDWSCoCUMoEXECUTIVEoENGINEERo(PHE) oRANGIAoDIVISION Page No.# 2/4 RANGIA. 6:THE CHAIRMAN LOCH VWSC CUM PRESIDENT LOCH GAON PANCHAYAT. 7:THE CHAIRMAN HARADUTTA VWSC CUM PRESIDENT HARADUTTA GAON PANCHAYAT. 8:THE CHAIRMAN BIRDUTTA VWSC CUM PRESIDENT BIRDUTTA GAON PANCHAYAT. 9:THE MEMBER SECRETARY LOCH GAON PANCHAYAT/WATER SANITATION COMMITTEE. 10:THE MEMBER SECRETARY HARADUTTA GAON PANCHAYAT/WATER SANITATION COMMITTEE. 11:THE MEMBER SECRETARY BIRDUTTA GAON PANCHAYAT/WATER SANITATION COMMITTEE Advocate for the Petitioner : MR. A K SARMA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA