Pradip Kumar Das v. The State of Assam and 6 Ors

ORDER 27-01-2023 Heard Shri A. Dhar, learned counsel for the petitioner who has filed this petition for release of a contractual amount. Shri A. Chaliha, learned Standing Counsel, Finance Department is present. It is the case of the petitioner that he was allotted the Improvement of Metd. LBT Road in Tengakhat Road Sub-Division under Dibrugarh Road Division, under Non-Plan for 2001-2002 (Providing WBM Patching, PC & SC & Gravelling in Side Berm at Page No.# 3/3 21st to 22nd KM)'. However, since the contractual amount was not paid, the petitioner has to approach this Court on an earlier occasion by filing WP(C) No. 1402/2011. This Court vide an order dated 30.03.2011 had disposed of the writ petition by directing the respondent authorities i.e. the PWD to deal with the grievance of the petitioner in accordance with the Full Bench decision of this Court rendered in the case of Tamsher Ali Vs State of Assam reported in 2008 (4) GLT 1(FB). It is the case of the petitioner that a report was called thereafter on the genuineness of the work done and upon verification of the records, the process was on. However, in spite of such progress, the final payment has not been made. Shri Dhar, learned counsel for the petitioner submits that the Public Works Department are under a bounden duty to release the amount which the petitioner is entitled to for completion/contractual works in question. Shri B. Gogoi, the learned Standing Counsel, PWD submits that some delay has been caused due to verification of the claim of the petitioner which however has been found to be in his favour. He, therefore, prays for grant of some time to take steps for clearing the outstanding to the petitioner as directed by this Court in the earlier round of litigation. In the aforesaid facts and circumstances, this Court is of the view that the writ petition is liable to be disposed of with a direction for payment of the contractual dues to the petitioner which has been found to be due after verification made by the PWD. In this regard, the Finance Department may also provide necessary assistance. The work being on the year 2011 and this being the second round of litigation, the aforesaid exercise be completed within a period of 4 (four) months from today. Writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010080692022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooooooWP(C)/2855/2022 PRADIPoKUMARoDAS S/O.oLT.oABHAYoCHARANoDAS oR/O.oFATASILoAMBARI oNRIPENoBORAoROAD oGUWAHATI-781025 oDIST.oKAMRUPo(M) oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDo6oORS REP.oBYoTHEoCOMM.oANDoSPL.oSECRETARYoTOoTHEoGOVT.oOFoASSAM oPUBLICoWORKSoDEPTT. oDISPUR,ooGUWAHATI-781006 oKAMRUPo(M) oASSAM. 2:THEoDEPUTYoSECRETARY TOoTHEoGOVT.oOFoASSAM oPUBLICoWORKSo(ROADS)oDEPTT.o(DEVELOPMENT) oASSAMoSACHAVALAYA oDISPUR oGUWAHATI oASSAM,oPIN-781006. o3:THEoDEPUTYoSECRETARYoTOoTHEoGOVT.oOFoASSAM PUBLICoWORKSo(ROADS)oDEPTT.o(WORKS) oASSAMoSACHIVALAYA oDISPUR oGUWAHATI oASSAM,oPIN-781006. o4:THEoCHIEFoENGINEER P.W.D.o(ROADS) oASSAM Page No.# 2/3 CHANDMARI GUWAHATI-781003 DIST. KAMRUP (M) ASSAM. 5:THE SUPDT. ENGINEER PWD DIBRUGARH ROADS CIRCLE DIBRUGARH ASSAM PIN-786001. 6:THE EXECUTIVE ENGINEER P.W.D. DIBRUGARH LAHOWAL MORAN AND TINGKHONG TERRITORIAL ROAD DIVISION DIBRUGARH ASSAM PIN-786001. 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (BUDGET) DEPTT. DISPUR GUWAHATI PIN-781006. ------------ Advocate for : MR. A DHAR Advocate for : SC PWD appearing for THE STATE OF ASSAM AND 6 ORS BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI