Sk. Reaz Uddin v. The State of Assam and 5 Ors

O R D E R

21.07.2023

The instant writ petition has been filed challenging the inaction on the part of the respondent authorities in not making the payment of Rs.4,25,286/- for the work completed by the petitioner in terms with the various work orders dated 26.11.2013, 27.11.2013, 27.02.2015,

27.02.2015, 23.04.2015, 19.10.2015, 19.10.2015, 29.02.2016 in respect of various works of RCC Ring Well with construction of platform, installation of TARA Hand Pump with platform etc. under the Government Scheme, "The National Rural Drinking Water Programme".

¶2It is the further case of the petitioner that the petitioner completed the entire works and the Executive Engineer, Dhubri PHE Division, after various inspections and verifications, issued work done certificate being No.PHEE/DBB/CW-1 (PT-IV)2020-21/190 dated 07.12.2022. The further case of the petitioner is that the respondent authorities have made part payment of Rs.56,000/- out of Rs.6,32,338/- in respect of the work Page No.# 3/4 mentioned in the work order (Annexure-1); part payment of Rs.17,600/ out of Rs.46,173 in respect of the work order (Annexure-2); part payment of Rs.6,000/- out of Rs.45,247/- in respect of the work order (Annexure-3); part payment of Rs.10,000/- out of Rs.62,275/- in respect of the work order (Annexure-7); part payment of Rs.21,700/- out of Rs.30,502/- in respect of repairing work mentioned in the Govt. Letter (Anenxure-9); part payment of Rs.2,16,200/- out of Rs.22,739/- in respect of the work order (Annexure-2) and the total amount of Rs.4,25,286/- still remains pending in spite of the petitioner approaching the respondent authorities from time and again. It is under such circumstances that the instant writ petition has been filed for an appropriate direction upon the respondent authorities to make the payment of Rs.4,25,286/- to the petitioner to which the petitioner claims to be entitled to.

¶3Ms. M. Kalita, the learned counsel appearing on behalf of the PHE Department submits that the question as to whether the petitioner has completed the entire work and as to whether the petitioner would be entitled to the further amount of Rs.4,25,286/- as has been sought for by the instant writ petition is a matter which needs to be verified at the end of the respondent authorities. The learned counsel for the respondents submits that it is only on the basis of such verification, the actual entitlement of the petitioner, if any, can be ascertained.

¶4Taking into account the materials on record as well as the submission made by the Standing Counsel for the PHE Department, this Court finds it appropriate in the interest of justice to dispose of the instant writ petition and accordingly directs the respondent authorities to make necessary verification as regards the work done by the petitioner and Page No.# 4/4 upon necessary verification if it is found that the petitioner is entitled to any amount as claimed the same be disbursed to the petitioner in accordance with the law laid done by the Full Bench of this Court in the case of Tamsher Ali vs. State of Assam & Others, reported in 2008 (4) GLT

¶1The said verification be completed within a period of 3 (three) months from the date a certified copy of the instant order is submitted to the Chief Engineer, PHE, Assam, i.e. the respondent No.3.

¶5With the above, the instant petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010058432022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2144/2022o SK.oREAZoUDDINo S/O-oLATEoAKTARoHUSSAIN,oR/O-oM.CO.oROAD,oWARDoNO.o12,oP.O.,oP.S.oAND DIST.oDHUBRI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oPUBLICo HEALTHoENGINEERINGoDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFINANCEoDEPARTMENT oHAVINGoITSoOFFICEoAToDISPUR oGUWAHATI-o781006. 3:THEoCHIEFoENGINEERo(PHE) oASSAM oHENGRABARI oGUWAHATI-36. 4:THEoADDL.oCHIEFoENGINEERo(PHE) oLOWERoASSAMoZONE oBAMUNIMAIDAM oGUWAHATI-22. 5:THEoEXECUTIVEoENGINEERo(PHE) oDHUBRIoDIVISION oDHUBRI oP.O.oANDoDIST.oDHUBRI oASSAM oPIN-o783301. Page No.# 2/4 6:THE ASSISTANT EXECUTIVE ENGINEER (PHE) HATSINGIMARI SUB-DIVISION P.O. AND DIST. SOUTH SALMARA MANKACHAR ASSA Advocate for the Petitioner : MR. N ALAM R K Advocate for the Respondent : SC, P H E BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH