M/S Jkb Industries v. The State of Assam and 4 Ors

ORDER

06.05.2024 Heard Mr. S. Rabha, learned counsel for the applicant. Also heard Ms. A. Lodha, learned Standing Counsel Water Resource Department (respondent Nos. 1, 2 & 3), Mr. S. Das, learned Standing Counsel ASIDC (respondent No. 4) and Mr. B. Gogoi, learned Standing Counsel Finance Department (respondent No. 5). This is an Interlocutory Application filed by the applicant for impleading Union of India represented by the Commissioner, Ministry of Jal Shakti as respondent No. 6. The applicant has filed this application for non-payment of the contractual bill upon successfully completing the work under the Scheme of Government of India implemented through Central Water Resource Department. It is submitted that on 03.04.2024, the learned Standing Counsel for the Water Resource Department made a submission before this Hon'ble Court that Page No.# 4/4 out of the admitted liability Rs. 9,02,496/-, an amount of Rs. 99,112/- has already been paid by the Water Resource Department and the balance outstanding amount is to be paid by the Ministry of Jal Shakti. Since Ministry of Jal Shakti is not arrayed as a respondent in the instant writ petition, the present Interlocutory Application has been filed seeking impleadment of the Ministry of Jal Shakti as a necessary party. Ms. A. Lodha, learned Standing Counsel Water Resource Department and Mr. S. Das, learned Standing Counsel ASIDC does not object to the prayer made in this Interlocutory Application. It appears from the averments made in the Interlocutory Application that for the release of the balance admitted outstanding amount, the presence of the Ministry of Jal Shakti, Government of India is essential. Accordingly, this Interlocutory Application is allowed by directing impleadment of the Union of India represented by the Commissioner, Ministry of Jal Shakti, Government of India, Department of Water Resources, River Development and Ganga Rejuvenation as respondent no. 6 in the connected WP(C) No. 5889/2022. With the aforesaid observation and direction, the Interlocutory Application stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010180252022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooCaseoNo.o:oI.A.(Civil)/1311/2024 M/SoJKBoINDUSTRIES AoREGISTEREDoPROPRIETORSHIPoFIRMoBEINGoREPRESENTEDoBYoITSo PROPRIETOR oSRIoROBINoBHUYAN oS/OoLATEoKAMALAoKANTAoBHUYAN oAGEDoABOUTo56oYEARS oR/OoVILL-oMAZIRoGAON oPALASHBARI oP.O.-AGCHIA oP.S.-AZARA oDIST-oKAMRUPo(M) oASSAM oPIN-781017 oVERSUS THEoSTATEoOFoASSAMoANDo4oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSPECIALoSECRETARYoOFo WATERoRESOURCE oDISPUR oGUWAHATI-6 2:THEoCHIEFoENGINEER oWATERoRESOURCEoDEPARTMENT CHANDMARI oGUWAHATI-3 o3:THEoEXECUTIVEoENGINEER oWATERoRESOURCEoDIVISIONoGUWAHATIoWEST BHARALUMUKH oGUWAHATI-9 o4:MANAGINGoDIRECTOR Page No.# 2/4 ASSAM SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED BAMUNIMAIDAM GUWAHATI-21 5:THE COMMISSIONER AND SECRETARY DEPARTMENT OF FINANCE GOVERNMENT OF ASSAM DISPUR GUWAHATI- 6. ------------ Advocate for : MR R CHAKRAVORTY Advocate for : SC WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS Linked Case No. : WP(C)/5889/2022 M/S JKB INDUSTRIES A REGISTERED PROPRIETORSHIP FIRM BEING REPRESENTED BY ITS PROPRIETOR, SRI ROBIN BHUYAN, S/O LATE KAMALA KANTA BHUYAN, AGED ABOUT 56 YEARS, R/O VILL- MAZIR GAON, PALASHBARI, P.O.- AGCHIA, P.S.-AZARA, DIST- KAMRUP (M), ASSAM, PIN- 781017 VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SPECIAL SECRETARY OF WATER RESOURCE, DISPUR, GUWAHATI-6 2:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT CHANDMARI GUWAHATI-3 3:THE EXECUTIVE ENGINEER WATER RESOURCE DIVISION GUWAHATI WEST BHARALUMUKH GUWAHATI-9 4:MANAGING DIRECTOR ASSAM SMALL INDUSTRIES DEVELOPMENT CORPORATION LIMITED BAMUNIMAIDAM GUWAHATI-21 Page No.# 3/4 5:THE COMMISSIONER AND SECRETARY DEPARTMENT OF FINANCE GOVERNMENT OF ASSAM DISPUR GUWAHATI- 6 Advocate for the Petitioner : MR R CHAKRAVORTY Advocate for the Respondent : SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI