M/S N A Enterprise v. The State of Assam and 7 Ors

ORDER

13.05.2024

¶1Heard Mr. P.D. Bhuyan, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned counsel for the respondent nos.1, 2, 3 & 5 and Mr. R.K. Mushahari, learned Standing Counsel, BTC for the respondent nos.4, 6, 7 & 8.

¶2Having regard to the nature of case projected by the petitioner, the writ petition is taken up for disposal at the Motion stage.

¶3By filing the writ petition, the petitioner claims for payment of the outstanding liability amounting to Rs.66,82,010/-, which is due to him for the Page No.# 3/4 five numbers of works executed and completed.

¶4The learned counsel for the petitioner by drawing the attention of this Court to Annexure-3 of the writ petition submits that the same is a communication from the Executive Engineer (PHE) Tangla Division, Tangla to the petitioner showing the outstanding bills amounting to Rs.66,82,010.00 as due to the petitioner.

¶5The learned counsel for the petitioner submits that the petitioner had served a Legal Notice to the Executive Engineer (PHE) Tangla Division, Tangla on 03.01.2024. But despite the same, dues have not been paid till date and therefore, the petitioner before this Court. The learned counsel submits that in other similar cases, this Court has disposed of such similar claims, in terms of the decision rendered by the Full Bench of this Court in Tamsher Ali vs. State of Assam & Others, reported in 2008 (4) GLT 1. Therefore, the instant case may also be disposed of in terms of the said judgment.

¶6The learned counsel appears for the respondents agree with the submission made by the learned counsel for the petitioner.

¶7In view of above, the respondent department concerned is directed to examine the claim of the petitioner and if found admissible in law, the same should be released. The matter shall be examined by the department within 30 (thirty) days from the date of receipt of a certified copy of this order. The amount claimed if found to be payable as per the provisions of law the respondent authorities will process the claim of the petitioner in the light of the judgment contained in Tamsher Ali (supra). The petitioner shall serve a certified copy of this order along with a copy of this writ petition to the respondent no.4, who shall upon receipt of the same do the needful in terms of Page No.# 4/4 the direction made hereinabove.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010084772024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2442/2024o M/SoNoAoENTERPRISEo REPRESENTEDoBYoITSoPROPRIETORoNABAoTALUKDAR,oAGEDoABOUTo51o YEARS,oS/OoACHYUToTALUKDAR,oR/OoH.oNO.o85,oGANESHoMANDIRoPATH,o NEWoGUWAHATI,oNOONMATI,oGUWAHATI,oPIN-781020,oDIST-oKAMRUPo(M), ASSAMoHAVINGoITSoREGISTEREDoOFFICEoAToTANGLA,oWARDoNO.o4,oPIN- 784521,oDIST-oUDALGURI,oBTAD,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo7oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVToOFoASSAM,oPUBLICo HEALTHoENGINEERINGoDEPARTMENT,oDISPUR,oGUWAHATI-06,oASSAM 2:THEoCHIEFoENGINEER oWATER oPHED oASSAM oHENGRABARI oGUWAHATI-36 3:THEoSPECIALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oPHED oHENGRABARI oGUWAHATI-36 4:THEoADDL.oCHIEFoENGINEERoPHEoCUMoDIRECTORoPHED oBTC oKOKRAJHAR oDIST-oKOKRAJHARo(ASSAM) oPIN-783370 5:THEoADDL.oCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM Page No.# 2/4 PHE DEPARTMENT DISPUR GUWAHATI-06 6:THE EXECUTIVE ENGINEER (PHE) TANGLA DIVISION TANGLA DIST- UDALGURI (ASSAM) PIN-784521 7:THE PRINCIPAL SECRETARY BODOLAND TERRITORAIL COUNCIL DIST- KOKRAJHAR (ASSAM) PIN-783370 8:THE SECRETARY PHED BTC DIST- KOKRAJHAR (ASSAM) PIN-78337 Advocate for the Petitioner : MR. N D BHUYAN Advocate for the Respondent : SC, P H E BEFORE HONOURABLE MR. JUSTICE NELSON SAILO