Kalpa Adhikari 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.5,46,777/-, in respect of the works done by the petitioner, 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.5,46,777/- as on date. Page No.# 3/3

¶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.5,46,777/- 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.5,46,777/-.

¶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 order.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010050762023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1524/2023o KALPAoADHIKARIo S/O-oLT.oKHITINANDAoADHIKARI,o RESIDENToOFoCHOPAI,oP.O.-oCHOPAI,o P.S.-oMANGALDOI,oDIST.-oDARRANG,o ASSAM,oPIN-o784529. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o WATERoRESOURCESoDEPARTMENT,o DISPUR,oGUWAHATI-6,oASSAM. 2:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oCHANDMARI oGUWAHATI-3 oASSAM. 3:THEoSUPERINTENDINGoENGINEER oSOUTHERNoASSAMoCIRCLE oWATERoRESOURCESoDEPARTMENT oCHANDMARI oGUWAHATI-3 oASSAM. 4:THEoEXECUTIVEoENGINEER oMANGALDOIoWATERoRESOURCESoDIVISION oMANGALDOI oASSAM. 5:THEoSECRETARY oTOoTHEoGOVT.oOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENTo(GENERAL)oDEPARTMENT Page No.# 2/3 DISPUR GUWAHATI-6 ASSAM. 6:THE DEPUTY COMMISSIONER DARRANG MANGALDOI ASSAM Advocate for the Petitioner : MR. P K MAZUMDAR, MR. R K MAZUMDAR Advocate for the Respondent : SC, WATER RESOURCE, SC, REVENUE DEPARTMENT,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA