M/S. Raj and Raj v. The State of Assam and 5 Ors

ORDER Date : 29.07.2024

Heard Mr. R. Sarma, learned counsel for the petitioner and Ms. M. D. Bora, learned counsel for the respondent Nos. 1, 2 & 3. Ms. S. Sarma, learned counsel appears for the respondent Nos. 4, 5 & 6.

¶2The petitioner's case is that the petitioner was allotted the work of "construction of Boundary Wall and Iron Gate etc. of the District Transport Officer's Office Building at Tinsukia". Pursuant to the NIT dated 30.10.2017, the tender value of the work was Rs. 10,89,098.00. The petitioner completed the allotted work on 08.02.2018 and the completion certificate was issued by the Executive Engineer, PWD, Dibrugarh Building Division. The petitioner submitted his bill for an amount of Rs.10,88,980/-. However, the said bill amount has not been paid to the petitioner. Page No.# 3/3

¶3Ms. M. D. Bora, learned counsel for the respondent Nos. 1, 2 & 3 has submitted letter No. TMV.217/2019/56 dated 25.09.2019 issued by the Joint Secretary to the Government of Assam, Transport Department, which is addressed to Sri Y. Doloi, Advocate, Standing Counsel, Transport Department, enclosing the para-wise comments in respect of the present case.

¶4On perusing the para-wise comments issued in connection with this case, I find that the Finance Department has already issued F.O.C. vide letter No. FIN/DIS/TRA-001/2019/534 dated 17.09.2017 for an amount of Rs. 10,88,983/- for the work done by the petitioner. Para 14 of the para-wise comments is reproduced hereinbelow as follows:- "Para No. 14: Finance Department has already issued F.O.C. vide Letter No. FIN/DIS/TRA-001/2019/534 dated 17.09.2017 for an amount of Rs. 10,88,983/- for construction of Boundary Wall, Iron Gate etc. District Transport Officer, office building at Tinsukia, (at Annexure-1)".

¶5In view of the above, the respondent authorities are directed to release the above admitted amount of Rs. 10,88,983/- to the petitioner for the contract work undertaken by him, if the same has not been paid earlier.

¶6This writ petition is accordingly disposed of.

¶7The letter dated 25.09.2019 issued by the Joint Secretary to the Government of Assam, Transport Department and the Annexures therein are made a part of the record and marked as Annexure 'X' collectively.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010088452019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2688/2019o M/S.oRAJoANDoRAJo AoPROPRIETORSHIPoFIRMoHAVINGoITSoREGISTEREDoOFFICEoAToTINSUKIA, KAPTANoCHUK,oHIJUGURI,oP.O.oANDoP.S.oHIJUGURI,oDIST.-TINSUKIA,o ASSAMoANDoREP.oBYoITSoSOLEoPROPRIETORoSIRoAMARENDRAoMEDHI,o AGEoABOUTo43oYEARS,oS/OoSRIoSATYABANoMEDHI,oR/OoTINSUKIA,o KAPTANoCHUK,oHIJUGURI,oP.O.oANDoP.S.oHIJUGURI,oDIST.-TINSUKIA,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o TRANSPORToDEPTT.oDISPUR,oGUWAHATI-6 2:THEoCOMMISSIONERoOFoTRANSPORT oASSAM oPARIBAHANoBHAWAN oJAWAHARoNAGAR oKHANAPARA oGUWAHATI-22 3:THEoDISTRICToTRANSPORToOFFICER oTINSUKIA oDIST.-TINSUKIA oASSAM oPIN-786125 4:THEoCHIEFoENGINEER oP.W.D.o(BUILDING) oASSAM oCHANDMARI oGUWAHATI-3 Page No.# 2/3 5:THE SUPERINTENDING ENGINEER P.W.D. JORHAT BUILDING CIRCLE JORHAT DIST.- JORHAT ASSAM PIN-785001 6:THE EXECUTIVE ENGINEER P.W.D. DIBRUGARH BUILDING DIVISION DIBRUGARH ASSAM PIN-78600 Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : SC, TRANSPORT BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA