Minarul Amin v. The State of Assam and 5 Ors

ORDER

02.08.2024

¶1Heard Mr. P.K. Mazumdar, learned counsel for the petitioner. Also heard Mr. S.R. Barua, learned counsel for the respondent no.6 and Ms. R. Deka, learned counsel for the respondent nos.1,2, 3 & 4. Mr. H. Handique, learned counsel appears for the respondent no.5.

¶2The petitioner has filed this petition for release of his contractual bills amounting to Rs.1,00,170/-, in respect of the works done by the petitioner, Page No.# 3/4 namely "Immediate measures to restore flood damages on Noanadi L/B embankment from Sitikapara to Rajghat (including closing of breach at Mojachuburi) under SDRF 2018-19 (Part-I)".

¶3The petitioner's counsel submits that as per the Completion Certificate issued by the Executive Engineer, Mangaldoi Water Resources Division, the petitioner is entitled to Rs.1,00,170/- as on date.

¶4Mr. S.R. Barua, learned counsel for the respondent no.6 has brought the records and also the parawise comments made by the respondent no.6.

¶5The parawise comments which has submitted by Mr. S.R. Barua and the documents annexed with the parawise comments are made a part of the record and marked as Annexure-X collectively.

¶6A perusal of the same clearly goes to show that the petitioner is to be paid Rs.1,00,170/- as per the Certificate issued by the Executive Engineer, Mangaldoi Water Resources Division. The parawise comments also do not deny the petitioner's claim for payment of Rs. Rs.1,00,170/-.

¶7In view of the fact that the petitioner's claim is an admitted amount, the respondent no.5 is directed to make funds available to the other respondents for payment of the admitted dues of the petitioner. Thereafter the admitted contractual dues should be paid. The entire exercise should be concluded within a period of 4 (four) months from the date of receipt of a certified copy of this Page No.# 4/4 order.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010050762023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/1560/2023 MINARULoAMIN S/O-oLT.oHAMIDoALI o R/OoWARDoNO.o2 oMANGALDOI o P.O.oANDoP.S.-oMANGALDOI o DIST.-oDARRANG oASSAM o PIN-o784125. oVERSUS THEoSTATEoOFoASSAMoANDo5oORS REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM o WATERoRESOURCESoDEPARTMENT o DISPUR oGUWAHATI-6 oASSAM. 2:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT CHANDMARI oGUWAHATI-3 oASSAM. o3:THEoSUPERINTENDINGoENGINEER oSOUTHERNoASSAMoCIRCLE Page No.# 2/4 WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-3 ASSAM. 4:THE EXECUTIVE ENGINEER MANGALDOI WATER RESOURCES DEPARTMENT MANGALDOI ASSAM. 5:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (GENERAL) DEPARTMENT DISPUR GUWAHATI-6 ASSAM. 6:THE DEPUTY COMMISSIONER DARRANG MANGALDOI ASSAM. ------------ Advocate for : MR. P K MAZUMDAR Advocate for : SC WATER RESOURCE appearing for THE STATE OF ASSAM AND 5 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA