Pachim Rangia Welfare Society 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 [NGO], is that the respondent no. 7 issued a work order dated 21.03.2017 in its favour, for construction of 21 nos. of low cost individual household latrines @ ₹ 12,000/- under Sashwa Bharat Mission. After receipt of the work order, the petitioner executed the said work and submitted its final bill dated 13.11.2017 for an amount of ₹ 2,52,000/-. When despite a lapse of sufficient time, the petitioner had not been given the outstanding dues of ₹ 2,52,000/-, the petitioner approached this Court by this writ petition.

¶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 GAHC010049272022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1974/2022o PACHIMoRANGIAoWELFAREoSOCIETYo (oAoNON-GOVERNMENTALoORGANIZATION),oREPRESENTEDoBYoITSo PRESIDENToMD.oHAIDERoALI,oAGEDoABOUTo55oYEARS,oS/OoLATEoSAHNURo ALI,oVILL-BARAMPUR,oP.O.-PITAMBERoHATBAJALI,oKAMRUP(R),oPIN- 781354 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 oCUMoEXECUTIVEoENGINEER o(PHE)oGUWAHATIoDIVISIONoNO.oI 5:THEoASSOCIATEoMEMBERoSECRETARY oKDWSC Page No.# 2/3 CUM EXECUTIVE ENGINEER (PHE) RANGIA DIVISION RANGIA 6:THE CHAIRMAN GUIYA VWSC CUM PRESIDENT GUIYA GAON PANCHAYAT 7:THE MEMBER SECRETARY GUIYA GAON PANCHAYAT WATER SANITATION COMMITTE Advocate for the Petitioner : MR. A K SARMA, MR D KALITA,MR H J TAMULI Advocate for the Respondent : SC, P H E, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA