Tibbahan Hajoary v. The State of Assam and 6 Ors

ORDER

01.04.2024

Heard Mr. S. Chauhan, learned counsel for the petitioner, who submits that the petitioner was given 3 work orders by the Executive Engineer (Irrigation), Tangla Division, which he has completed. However, though the petitioner has been given his bills for the contract work in question, the respondents have not released the security deposit for the 3 works amounting to Rs.1,46,791/-, even though the defect liability period has now expired. He accordingly submits that Page No.# 3/4 the petitioner should be given the security deposit lying with the office of the Superintending Engineer, Kokrajhar Circle (Irrigation).

¶2Mr. R.K. Muchahary, learned counsel for the respondent Nos. 3, 4 & 5; Mr. N. Upadhyay, learned counsel for the respondent Nos. 1 & 2 and Mr. B. Gogoi, learned counsel for the respondent Nos. 6 & 7 submit that the respondents will verify as to whether the petitioner has been paid his security deposit money and if the same has not been paid, the same will be paid to the petitioner.

¶3I have heard the learned counsels for the parties.

¶4The petitioner has been given the following construction works by the Executive Engineer (Irrigation) along with estimate amount, which are reproduced in the chart made below. Further, the security deposit for each of the contract work is also reflected in the chart made below-Sl. No. Contract Work Work Order Date Amount (Rs.) Security Deposit (Rs.)

¶1Cattle & Cart Crossing Culvert

22.10.2019 4,73,845/-40,466/-

¶2RCC Canal

22.10.2019 4,46,698/-38,133/-

Construction of Canal Sump from ch. 0.00m to

12.00m

at Batabari

Nabin Dong

06.02.2021 7,98,570/- 68,192/- Page No.# 4/4

¶5The respondent Nos. 2, 4 & 5 shall verify as to whether the security deposit has been released to the petitioner and if the same has not been released, the same should be released within a period of 1(one) month from the date of receipt of a certified copy of this order.

¶6The writ petition is accordingly disposed of.

JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010065542024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1790/2024o TIBBAHANoHAJOARYo S/O-oLT.oBANESWARoHAJOARY,o VILLAGE-oNIMAIPUR,o P.O.-oMOHANPUR,oP.S.-oUDALGURI,o DISTRICT-oUDALGURI,oBTC,oASSAM,o PIN-o784509. VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY,o IRRIGATIONoDEPARTMENT,oASSAM,o DISPUR,oGUWAHATI-o781006. 2:THEoCHIEFoENGINEERoIRRIGATION/oMINORoIRRIGATION oASSAM oCHANDMARI oGUWAHATI-o781003. 3:THEoCOUNCILoOFoHEADoOFoDEPARTMENTo(CHD) oIRRIGATIONo(BTC) oKOKRAJHAR oASSAM oPIN-o783370. 4:THEoSUPERINTENDINGoENGINEER oKOKRAJHARoCIRCLEo(IRRIGATION) oKOKRAJHAR oASSAM oPIN-o783370. 5:THEoEXECUTIVEoENGINEER Page No.# 2/4 PANERI-KALAIGAON DIVISION (IRRIGATION) TANGLA DISTRICT- UDALGURI BTC ASSAM PIN- 784509. 6:THE COMMISSIONER AND SECRETARY GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- 781006. 7:THE TREASURY OFFICER UDALGURI TREASURY UDALGURI P.O. AND P.S.- UDALGURI BTC ASSAM PIN- 784509 Advocate for the Petitioner : MR. S CHAUHAN Advocate for the Respondent : SC, IRRIGATION BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA