Prasanta Borthakur v. The State of Assam and 5 Ors

ORDER

01.04.2024

Heard Mr. S. Bora, learned counsel for the petitioner, who submits that pursuant to work order No.MS/ DWSC/SIV/SR.-26(A)/2020-21/221 dated

27.05.2020, the petitioner made supplies and submitted his bill amounting to Rs.4,41,320/-. The respondents having released Rs.3,49,528/- the remaining amount of Rs.91,712/- is still payable to the petitioner.

¶2The petitioner's counsel submits that in terms of the letter issued by the Assistant Executive Engineer, Sivasagar Sub-Division to the Executive Engineer

(PHE), Sivasagar Division dated 03.08.2021, the admitted amount payable to the petitioner is Rs.91,712/-. He accordingly prays that a direction may be issued to the respondents to pay the said amount.

¶3Ms. M. Kalita, learned counsel appearing for the PHE Department and Ms. R.M. Baruah, learned counsel for the respondent No.2 submit that the petitioner can be paid his admitted dues, only after a re-verification is done by the respondent authorities. Page No.# 3/3

¶4On considering the submissions made by the counsels for the parties, this Court directs that in terms of the judgment of this Court in the case of Tamsher Ali and Etc. Etc Vs. State of Assam and Ors , reported in 2008

(4) GLT 1, the Chief Engineer, PHE Department shall verify as to the amount payable to the petitioner. Thereafter, the admitted amount shall be paid to the petitioner. The entire exercise should be concluded within a period of 8(eight) weeks from the date of receipt of a certified copy of this order.

¶5The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant

PageoNo.#o1/3 GAHC010063072024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1784/2024o PRASANTAoBORTHAKURo SONoOFoLATEoGIRINDRAoNATHoBORTHAKUR,oRESIDENToOFoOPPOSITEoTOo INDOORoSTADIUM,oKALIBARIoROAD,oSIVASAGAR,oDISTRICT-oSIVASAGAR, ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oPUBLICoHEALTHoENGINEERINGoDEPARTMENTo (PHE),oDISPUR,oGUWAHATI-6 2:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo ASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERINGo(PHE)oHANGARABARI oGUWAHATI-36 oKAMRUPo(M) oASSAM 4:THEoMEMBERoSECRETARY oDWSCoCUMoEXECUTIVEoENGINEERo(PHE) oSIVASAGAR 5:THEoEXECUTIVEoENGINEER oPUBLICoHEALTHoENGINEERINGo(PHE) oSIVASAGARoDIVISION oSIVASAGAR Page No.# 2/3 6:THE ASSISTANT EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING (PHE) SIVASAGAR DIVISION SIVASAGA Advocate for the Petitioner : MR. S BORA Advocate for the Respondent : SC, P H E BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA