Sunti Deka v. The State of Assam and 3 Ors

ORDER Date : 19.09.2024

Heard Mr. P. J. Saikia, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned State Counsel appearing for the respondents. It is stated that pursuant to the Work Orders under Memo No. E/GMRG/NRC/2017/3870 as well as Memo No. E/G/MRG/NRC/2017/3871 both dated 20.12.2017, issued by the Superintendent of Police, Morigaon in terms of the Short Tender Notice issued on 06.12.2017 by the said authority relating to (i) 'Repairs/Construction of Kitchen, Dining Hall, bathroom, Pit Latrine WC (Pan), Tube Well with pacca plate from sentry post and temporary electrification etc at Jhargaon Veterinary Office campus for accommodation of 1 (one) coy of CAPF in connection with NRC related law and order duty' and (ii) 'Repair/construction of police barrack, kitchen, Dining Hall, pit latrine WC Pan, Tube Well with pacca place from sentry post and temporary electrification etc., for use of one coy (CAPF) for NRC related law and order duty at Mayong Community Hall campus under Mayong PS for an amount of Rs.6,21,800/- ( Rs. 3,59,400/- + Rs. 2,62,400/-), though the petitioner completed both the works but the respondent authorities have not paid any amount to the petitioner for completing those two works inspite of submission of bills as well as utilization certificate. Page No.# 3/3 The respondent has filed an affidavit and taken a stand that the petitioner has executed two works as claimed and amount of Rs. Rs.6,21,800/- ( Rs. 3,59,400/- + Rs. 2,62,400/-)is due and the petitioner completed the work within stipulated time. In view of such clear admission, the respondent authority now to pay the aforesaid amount due to the petitioner. Mr. Gogoi, learned State Counsel submits that some time may be required for final payment and it is expected that payment can be made within a period of 3 (three) months. The learned counsel may be correct that the administrative and financial sanction requires some time, but in view of the clear admission as regards the execution of the work and clear admission as regards outstanding dues payable to the petitioner, the petitioner is entitled for the aforesaid amount due. Accordingly, it is directed that the outstanding admitted amount be paid to the petitioner within a period of 4 (four) months from the receipt of the certified copy of this order to be furnished by the petitioner before the respondent authority. This disposes the writ petition.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010054922022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2124/2022o SUNTIoDEKAo S/O-oLATEoDAYAoRAMoDEKA,oR/O-oARAGAON,oWARDoNO.-2,oMORIGAON,o P.O.oANDoP.S.oMORIGAON,oDIST-oMORIGAON,,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oHOMEoDEPTT.,oDISPUR,oGHY-06. 2:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATI-7. 3:THEoSUPTD.oOFoPOLICE oMORIGAON oDIST.-oMORIGAON oASSAM. 4:THEoDEPUTYoCOMMISSIONER oMORIGAON oDISTRICT-oMORIGAON oASSAM oPIN-o782105o AdvocateoforotheoPetitionerooooo:oMR.oPoJoSAIKIA,oMSoDoDUTTAo AdvocateoforotheoRespondento:oGA,oASSAM,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY