Utpal Deka and Anr v. The State of Assam and 5 Ors

ORDER

02.08.2024

¶1Heard Mr. P.K. Mazumdar, learned counsel for the petitioners, who are (i) Page No.# 3/4 Utpal Deka and (ii) M/s Munmi Enterprise, represented by the petitioner no.1. 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 petitioners have filed the present writ petition, praying for release of their contractual bills, in respect of the works done by the petitioners, 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 petitioners' case is that despite issuance of Completion Certificate by the Executive Engineer, Mangaldoi Water Resources Division, the petitioners have not been paid their contractual dues, which are as follows :

(i) Utpal Deka – Rs.5,44,554/-

(ii) M/s Munmi Enterprise – Rs.4,99,285/-

¶4The petitioners' counsel prays that the total amount of Rs.10,43,839/- should be paid by the respondents.

5 Mr. S.R. Barua, learned counsel for the respondent no.6 has produced the records and also submitted the parawise comments received by him, in respect of the present writ petition.

Page No.# 4/4

¶6The 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.

¶7A perusal of the same shows that the State respondents have admitted to the fact that they have to pay the total amount of Rs.10,43,839/- to the petitioners, as has been claimed by the petitioners in the foregoing paragraphs.

¶8In view of the fact that the petitioners' claim are admitted amounts, the respondent no.5 is directed to make funds available to the other respondents, for payment of the admitted dues of the petitioners. 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.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010050762023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/1496/2023 UTPALoDEKAoANDoANR S/O-oLT.oCHANAoRAMoDEKA o RESIDENToOFoMANGALDOIoGAON o P.O.oANDoP.S.-oMANGALDOI o DIST.-oDARRANG oASSAM o PIN-o784125. 2:oM/SoMUNMIoENTERPRISE REPRESENTEDoBYoITSoPROPRIETOR o SRIoUTPALoDEKA o S/O-oLT.oCHANAoRAMoDEKA o RESIDENToOFoMANGALDOIoGAON o P.O.oANDoP.S.-oMANGALDOI o DIST.-oDARRANG oASSAM o PIN-o784125. oVERSUS THEoSTATEoOFoASSAMoANDo5oORS REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM o WATERoRESOURCESoDEPARTMENT o Page No.# 2/4 DISPUR GUWAHATI-6 ASSAM. 2:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-3 ASSAM. 3:THE SUPERINTENDING ENGINEER SOUTHERN ASSAM CIRCLE WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-3 ASSAM. 4:THE EXECUTIVE ENGINEER MANGALDOI WATER RESOURCES DIVISION 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