Sri Guna Kanta Gogoi v. The State of Assam and 4 Ors

ORDER Date : 16.03.2023 Heard Mr. P. K. Mazumdar, learned counsel for the petitioner and Mr. B. Goswami, learned Addl. Advocate General appears for water resource department.

¶2It is submitted by the learned counsel for the petitioner that in response to the work order issued on 20.01.2007 for construction of land spur at 19th KM of B/dyke from Sissikalghar to Tekeliphuta near Matmara (E/W by head load), the petitioner was awarded the work and as per the schedule of the work order the work was duly completed to the satisfaction of the respondent authorities. Work orders vide Memo No. W/8/2006/347 dated 20.01.2007, Memo No. SEL/W/Dh/19/2005-06/22 dated 29.01.2007, Memo No. SEL/W/Dh/19/2006-07/64 dated 22.03.2007, Memo No. SEL/W/Dh/21/2006-07/14 dated 30.03.2007 and Memo No. W-1/2001/7809 dated 11.09.01 which were duly executed. However the payment for works executed have not yet been released.

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¶3The learned counsel for the petitioner referring to Paragraph 7, Page-5 of the writ petition submits that a total bill value of Rs. 9,04,367/- (Rupees Nine lakhs Four thousand Three hundred Sixty seven) only has been left outstanding which has not been paid on account of the certain works allotted to him by the respondents. Although he had successfully completed the works allotted to him but the respondent authorities have not paid the aforesaid amount, which according to the petitioner, is an admitted amount. Being aggrieved, the present petition has been filed.

¶4Upon hearing the learned counsels for the parties and upon perusal of the pleadings, this Court is of the view that this matter can be disposed of in terms of the directions contained in Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1, with a direction to the respondents more particularly respondent No. 2 to release the balance payments due to the petitioner as admitted by the Department.

¶5Accordingly, this writ petition is disposed of with a direction to respondent no.2 Chief Engineer, Water Resources Department, Chandmari, Guwahati-3, Assam to verify the claims of the petitioner as per the Liability Statement stated to have been issued by the Executive Engineer, Dhakuakhana Water Resources Division, Dhakuakhana, District-Lakhimpur, Assam. Page No.# 4/4

¶6Upon due verification, if the claims of the petitioner are found to be admissible, the department will take steps to release the payments in terms of the guidelines issued by this Court in Tamsher Ali (Supra).

¶7Writ petition is accordingly disposed of.

¶8No order as to cost.

¶9The entire exercise shall be completed by the respondent no.2 within a period of 90 (Ninety) days from the date of receipt of the certified copy of this order.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010093212018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4110/2018o SRIoGUNAoKANTAoGOGOIo S/O-oSRIoRUPESWARoGOGOI,oR/O-oVILL-oTENGAoAAM,oMAJGAON,oPOoANDo PSoGHILAMARA,oDIST-oLAKHIMPUR,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM,oWATERoRESOURCESoDEPTT., DISPUR,oGHY-6,oASSAM 2:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPTT. oCHANDMARI oGHY-3 oASSAM 3:THEoADDL.oCHIEFoENGINEER oUPPERoASSAMoZONE oWATERoRESOURCESoDEPTT. oDIBRUGARH oASSAM 4:THEoSUPERINTENDINGoENGINEER oLAKHIMPURoWATERoRESOURCESoCIRCLE oNORTHoLAKHIMPUR oASSAM oPIN-o787001 5:THEoEXECUTIVEoENGINEER oDHAKUAKHANAoWATERoRESOURCESoDVN oDHAKUAKHANA oDIST-oLAKHIMPUR Page No.# 2/4 ASSA Advocate for the Petitioner : MR. P K MAZUMDAR Advocate for the Respondent : SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA