M/S M K Electric and Anr v. The State of Assam and 6 Ors

O R D E R

17.03.2023

Heard Mr. R. S. Chouhan, learned counsel for the petitioner. Also heard Mr. N. Goswami, learned Government Advocate, Assam and Mr. A. Chaliha, learned Standing Counsel, Finance Department, Government of Assam.

¶2The petitioner has filed the present writ petition seeking a direction for release of payments in respect of works executed by the petitioner in terms of the work orders issued.

¶3The petitioner was issued the following work orders in respect of the works allotted to him: "(i) KP(R)/Q/LS Election, 2019/205 dated 08.04.2019;

(ii) KP(R)/Q/LS Election, 2019/206 dated 08.04.2019;

(iii) KP(R)/Q/LS Election, 2019/207 dated 08.04.2019;

(iv) KP(R)/Q/LS Election, 2019/208 dated 08.04.2019;

(v) KP(R)/Q/LS Election, 2019/209 dated 08.04.2019;

(vi) KP(R)/Q/LS Election, 2019/210 dated 08.04.2019;

(vii) KP(R)/Q/LS Election, 2019/211 dated 08.04.2019;

(viii) KP(R)/Q/LS Election, 2019/213 dated 08.04.2019;

(ix) KP(R)/Q/LS Election, 2019/214 dated 08.04.2019;

(ix) KP(R)/Q/LS Election, 2019/156 dated 08.04.2019; Page No.# 4/6

(x) KP(R)/Q/LS Election, 2019/157 dated 08.04.2019."

¶4It is submitted that the works were duly executed and completion certificates were also issued for the works executed by the competent authority. Copies of the completion certificates are annexed as Annexure C to the writ petition.

¶5Pursuant to completion of work, the petitioner submitted bills for the works executed. However, the same remained unpaid. Though reminders have been issued but the respondent-authorities have not yet released the bills.

¶6According to the petitioner, in respect of the bills raised, certain amounts were released. However, an amount of Rs.11,34,000/-(Rupees Eleven Lakhs Thirty Four Thousand) only had remained unpaid. The details of bills as well as the amount outstanding are reflected as under:-

Details of bills Date of Work Outstanding amount

¶1KP(R)/Q/LS Election, 2019/205 08.04.2019 Rs.1,13,000/-

¶2KP(R)/Q/LS Election, 2019/206 08.04.2019 Rs.1,13,000/-

¶3KP(R)/Q/LS Election, 2019/207 08.04.2019 Rs.1,13,000/-

¶4KP(R)/Q/LS Election, 2019/208 08.04.2019 Rs.1,13,000/-

¶5KP(R)/Q/LS Election, 2019/209 08.04.2019 Rs.1,13,000/-

¶6KP(R)/Q/LS Election, 2019/210 08.04.2019 Rs.1,13,000/-

¶7KP(R)/Q/LS Election, 2019/214 08.04.2019 Rs.2,28,000/-

¶8KP(R)/Q/LS Election, 2019/157 08.04.2019 Rs.2,28,000/-

¶7Learned counsel for the petitioner submits that although assurances have been given by the respondent-department, no such amount has been released as yet. Page No.# 5/6

¶8The respondent-department has filed an affidavit whereby they did not raise any dispute in respect of the works allotted or regarding completion of the work. It is the contention of the respondent-department that the amount required to be released to the petitioner could not be released as funds required have not been received by the concerned Department from the Finance Department, Government of Assam. It is averred in the affidavit that once the amount is received, the amount will be cleared.

¶9Today when the matter is called up, Mr. Goswami, learned Government Advocate, Assam submits that ex-post-facto approval for six works have been accorded by the Home Department. It is further submitted that the requirement of the fund proposal has already been sent to the Finance Department, which has not yet been received and as and when funds are received, the amount shall be released to the petitioner.

¶10Upon hearing learned counsel for the parties, this writ petition is disposed of with direction to the respondent-department to pursue their proposal before the Finance Department and, thereafter, as and when funds are received, the amount shall be released to the petitioner in respect of the works in which ex-post-facto approval has already been accorded. The Finance Department is directed to expedite the proposal for requirement of funds by the department at an early date. The Finance Department will endeavour to release the same within 60 days from the date of receipt of a certified copy of this order pursuant to which respondent No.4, Director General of Police (Administration), Assam shall release the amount(s) to the petitioner in terms of the ex-post-facto approval already granted. Page No.# 6/6

¶11The writ petition is, accordingly, disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010074052022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2812/2022o M/SoMoKoELECTRICoANDoANRo REPRESENTEDoBYoITSoPROPRIETOR-oNAZRULoCHOUDHURYoHAVINGoITSo PRINCIPALoPLACEoOFoBUSINESSoAToHOUSEoNO.o21,oKALYANPURoMASJIDo ROAD,oGANESHGURI,oDISPUR,oGUWAHATI-6 2:oNAZRULoCHOUDHURY oS/O oGOVERNMENToREGISTEREDoCIVIL oINTERIOR oFURNISHINGoANDoELECTRICALoCONTRACTORoANDoORDERoSUPPLIERS oP/R/OoVILL-JHARAMAR oBATAKUCHI oP.O.-SANEKUCHI oP.S.-GHAGRAPAR oDIST-NALBARI oASSAM oPIN-781350 oP/R/AoHOUSEoNO.o21 oKALYANPURoMASJIDoROAD oGANESHGURI oDISPUR oGUWAHATI-o VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oHOMEoANDoPOLITICALoDEPARTMENT,oASSAMo SACHIVALAYA,oDISPUR,oGUWAHATI-6 2:THEoPRINCIPALoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oASSAMoSACHIVALAYA oDISPUR oGUWAHATI-6 Page No.# 2/6 3:THE COMMISSIONER OF FINANCE GOVERNMENT OF ASSAM FINANCE DEPARTMENT ASSAM SACHIVALAYA DISPUR GUWAHATI-6 4:THE DIRECTOR GENERAL OF POLICE (ADMINISTRATION) ASSAM POLICE HEAD QUARTER ULUBARI GUWAHATI-7 DIST-KAMRUP(M) ASSAM 5:THE ADDITIONAL DIRECTOR GENERAL OF POLICE (ADMINISTRATION) ASSAM POLICE HEAD QUARTER ULUBARI GUWAHATI-7 DIST-KAMRUP(M) ASSAM 6:THE INSPECTOR GENERLA OF POLICE (ADMINISTRATION) ASSAM POLICE HEAD QUARTER ULUBARI GUWAHATI-7 DIST-KAMRUP(M) ASSAM 7:THE SUPERINTENDENT OF POLICE KAMRUP AMINGAON DIST-KAMRUP ASSAM PIN-78103 Advocate for the Petitioner : MR R S CHAUHAN Advocate for the Respondent : GA, ASSAM Page No.# 3/6 BEFORE HON'BLE MR. JUSTICE SOUMITRA SAIKIA