Ramesh Shah v. The State of Assam and 5 Ors

ORDER Date : 05.04.2024

Heard Mr. M. Das, learned counsel for the petitioner and Ms. M. Kalita, learned counsel for the PHE Department.

¶2The petitioner's case is that he has been running a workshop and that the respondent Nos. 2 to 6 have not paid the outstanding dues of the petitioner for repairing their vehicles, amounting to Rs. 4,11,153/-.

¶3The petitioner's counsel submits that the said amount is an admitted amount, as can be seen from the statement of outstanding liability made by the respondent Nos. 2 & 6.

¶4Ms. M. Kalita, learned counsel for the PHE submits that the amount payable to the petitioner is an admitted amount, i.e., Rs.4,11,153/-. She submits that the Chief Engineer (PHE), Water, Assam has written letter No. E-472459/29 to the respondent No. 2, directing him to submit the "fund demand proposal" for the amount payable to the petitioner. She thus submits that as and when the "fund demand proposal" is submitted by the respondent No. 2, the same would be processed for payment of the Page No.# 3/4 admitted amount to the petitioner.

¶5I have heard the learned counsels for the parties.

¶6The contents of the letter No. E-472459/29 dated 02.04.2024 issued by the Chief Engineer (PHE), Water, Assam, which is addressed to the respondent No. 2 states as follows:- "Subject : - Regarding – Hon'ble Court Order Dated 22/-3/2024 passed in W.P.(C) No.2455/2023 (Sri Ramesh Shah –Vs-the State of Assam & Others. With reference to the above, you are hereby directed to submit the fund demand proposal against the aforementioned court order (copy enclosed) as per prescribed format at the earliest for further necessary action."

¶7In view of the submission made by the learned counsel for the PHE and the letter No. E-472459/29 dated 02.04.2024 issued by the Chief Engineer

(PHE), Water, Assam, the respondent No. 2 is directed to submit the fund demand proposal, for payment of the admitted dues of the petitioner. The fund demand proposal should be sent to the Chief Engineer, PHE, Water, within a period of one month from the date of receipt of a certified copy of this order. Thereafter, the fund demand proposal should be processed and payment made within a further period of three months.

¶8The writ petition is accordingly disposed of.

¶9The letter No. E-472459/29 dated 02.04.2024 issued by the Chief Page No.# 4/4 Engineer (PHE), Water, Assam is made a part of the record and marked as Annexure "X".

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010088202023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2455/2023o RAMESHoSHAHo SONoOFoLATEoMISHRIoSHAH,o RESIDENToOFoHOUSEoNO.o19,o DINESHoOJHAoPATH,oKAMAKHYAoNAGAR,o RAJGHARoLINKoROAD,oGUWAHATI-o781005,o KAMRUP(METRO),oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o PUBLICoHEALTHoENGINEERINGoDEPARTMENT,o DISPUR,oGUWAHATI-o781006,oASSAM. 2:THEoEXECUTIVEoENGINEERo(PHE) oSTOREoANDoWORKSHOPoDIVISION oBETKUCHIoGUWAHATI-o781035. 3:THEoASSISTANToEXECUTIVEoENGINEERo(PHE) oSTOREoANDoWORKSHOPoDIVISIONoBETKUCHI oGUWAHATI-o781035. 4:THEoASSISTANToEXECUTIVEoENGINEER(PHE) oMECHANICALoSUB-DIVISIONoBETKUCHIoGUWAHATI-o781035. 5:THEoASSISTANToENGINEERo(PHE) oMECHANICALoSECTION oBETKUCHIoGUWAHATI-o781035. 6:THEoACCOUNTSoOFFICERo(PHE) oSTOREoANDoWORKSHOPoDIVISIONo BETKUCHIoGUWAHATI-o781035. Page No.# 2/4 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSSAM FINANCE DEPTT. DISPUR GUWAHATI-5 Advocate for the Petitioner : MR K AGARWAL Advocate for the Respondent : SC, P H E BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA