Jiten Kalita v. The State of Assam and 7 Ors

ORDER

26.07.2024

¶1Heard Mr. N.J. Gogoi, learned counsel for the petitioner, who submits that the petitioner had completed the contract work allotted to him against the scheme "Immediate measures to flood damage restoration of Tamulibari and its adjoining areas under Chandrapur Revenue Circle of river Brahmaputra unde Page No.# 3/5 SDRF for 2018-2019". However, he has not been paid his contractual dues amounting to Rs.17,99,949/-.

¶2Ms. R. Deka, learned counsel appears for the Water Resources Department submits that the petitioner was allotted work against the said scheme amounting to Rs.17,99,949/- issued by the then Executive Engineer, Guwahati East Water Resource Division, Guwahati. The Work Completion Report for payment to the petitioner was submitted to the Deputy Commissioner, Kamrup(M) by the then Executive Engineer, vide office letter No.GED/TECH/FDR/2005/Pt-VI/199/160 dated 05.08.2019.

¶3Mr. S.R. Barua, learned counsel for the Deputy Commissioner's office has submitted a letter dated 23.07.2024 issued by the Additional District Commissioner & CEO, District Disaster Management Authority, Kamrup Metropolitan District, Guwahati, which is to the effect that the petitioner is to be paid Rs.17,99,949/-.

¶4Mr. J. Handique, learned counsel for the respondent nos. 5 & 8 submits that some amount of money has been released by the State Government to the Revenue Department. He submits that verification would have to be made, with regard to the amount payable to the petitioner along with the other claimants. Thereafter, if the petitioner is entitled to the said amount, the same will be paid to him.

¶5I have heard the learned counsels for the parties. Page No.# 4/5

¶6As can be seen from the submissions made by the counsels for the parties, the petitioner was allotted work vide work order no.GED/tech/SDRF (E-Tender)/W/2018-19/25 against the scheme "Immediate measures to flood damage restoration of Tamulibari and its adjoining areas under Chandrapur Revenue Circle of river Brahmaputra unde SDRF for 2018-2019" amounting to Rs.17,99,949/- issued by the then Executive Engineer, Guwahati East Water Resource Division, Guwahati. The Water Resources Department in their affidavit admitted that the petitioner has completed the allotted work and completion report has also been made. The Deputy Commissioner's office, District Disaster Management Authority, Kamrup Metropolitan District, Guwahati have also admitted that the petitioner is to receive Rs.17,99,949/- for completing the contract work allotted to him.

¶7As Mr. J. Handique, learned counsel for the Revenue Department submits that some funds have been received for payment for contractual dues to various contractors, the Revenue Department, i.e. the respondent no.8 is directed to re-verify the amount payable to the petitioner, if required and make payment of the admitted amount, within a period of 6 (six) weeks from the date of receipt of certified copy of this order.

¶8The letter dated 23.07.2024 issued by the Additional District Commissioner & CEO, District Disaster Management Authority, Kamrup Metropolitan District, Guwahati is made a part of the record and marked as Annexure-X.

Page No.# 5/5

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010071342023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/1856/2023o JITENoKALITAo SONoOFoLATEoGOBINDAoKALITA,o RESIDENToOFoBASISTHAPURoBYEoLANEoNO.o2,o RASARAJoPATH,oP.O.-oBELTOLA,o P.S.-oHATIGAON,o DISTRICT-oKAMRUP(M),oASSAM,o PIN-o781028. VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o WATERoRESOURCEoDEPARTMENT,o ASSAMoSECRETARIAT,oDISPUR,o GUWAHATI-6. 2:COMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPARTMENT oASSAMoSECRETARIAT oDISPUR o GUWAHATI-6. 3:THEoCHIEFoENGINEER oWATERoRESOURCEoDEPARTMENT oGOVT.oOFoASSAM oGUWAHATI-3 oASSAM. 4:THEoEXECUTIVEoENGINEER oWATERoRESOURCEoDEPARTMENT oGUWAHATIoEASToWATERoRESOURCEoDIVISION Page No.# 2/5 GUWAHATI- 08 ASSAM. 5:THE ADDITIONAL CHIEF SECRETARY REVENUE AND DISASTER MANAGEMENT DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI-06. 6:THE DEPUTY COMMISSIONER CUM CHAIRMAN DISTRICT DISASTER MANAGEMENT AUTHORITY ASSAM KAMRUP METRO. 7:THE PRINCIPAL SECRETARY TO GOVT. OF ASSAM GDD DISPUR. 8:THE PRINCIPAL SECRETARY TO GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. AND CEO ASDMA ASSAM SECRETARIAT DISPUR GUWAHATI-06 Advocate for the Petitioner : MR. N J GOGOI Advocate for the Respondent : SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA