Russell Anish v. The State of Assam and 3 Ors

ORDER Date : 17.07.2023

¶1The case of the Petitioner herein is that the Petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the bills of the Petitioner. The case of the Petitioner herein is that the Petitioner has participated in the tender process for supply and fabrication of steel floating barge of size 10.62m/4.58m/1.37m for L.I.S. from river Kapili at Waregading area (Point No.1) under A.I.B.P. for the year 2014-15 and for supply and fitting of G.I. Pipes and accessories for delivery side upto stilling Tank for L.I.S. from river Kapili at Hayang Gaon area (Point No.2) under A.I.B.P. for the year 2014-

¶15Being successful bidder, the Petitioner was issued two formal work orders which were MIN/NIT-5/Gr-(A)/2014-2015/2015 dated 07.12.2015 and MIN/NIT-8/Gr-(C)/2014-2015/3209 dated 05.02.2015. In the said formal work orders, the tender value were quoted as Rs.14,63,400/- and Rs.31,36,000/- respectively. It was further mentioned in the formal work order that the work be completed within a period of 30 days from the date of issue of formal work order.

¶2It is the case of the Petitioner that the Petitioner successfully executed the works and accordingly submitted the bills for the said works. As per the Petitioner, the Petitioner is entitled to amount of Rs.13,17,060/- and Rs.28,22,400/- thereby totaling to Rs.41,39,460/-. It is the case of the Petitioner that the Petitioner had submitted various representations to the Respondent Authorities for release of the amount however the said amount of Page No.# 3/4 Rs.41,39,460/- is still pending, for which the Petitioner has approached this Court under Article 226 of the Constitution.

¶3Ms. D. S. Neog, the learned Standing counsel appearing on behalf of the Irrigation Department submits that as to whether the Petitioner has completed the work in terms with the work orders in question is a subject matter of verification which needs to be carried out by the Respondent Authorities and it is only on the basis of such verification, the actual entitlement of the Petitioner could be ascertained.

¶4Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities to verify as to whether the Petitioner has completed the work in accordance with the formal work order mentioned hereinabove and thereupon to ascertain the exact amount to which the Petitioner is entitled to, if any.

¶5It is under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the Respondent Authorities more particularly the Respondent Nos. 2, 3 and 4 to verify the entitlement of the Petitioner on the basis of the tender conditions as well as the formal work order which was issued in favour of the Petitioner and as to whether the Petitioner has completed the work in question and thereupon, after verification if it is found that the Petitioner is entitled to any amount, the same should be paid to the Petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1 (one) month from the date a certified copy of the instant order is served upon the Respondent No.2. Page No.# 4/4

¶6With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010096572022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3588/2022o RUSSELLoANISHo S/O.oMAZIBURoRAHMAN,oFAUZDARIPATTY,oS.BoROAD,oNAGAON,oASSAM,o PIN-782001. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oIRRIGATIONo DEPTT.,oDISPUR,oGUWAHATI. 2:THEoCHIEFoENGINEER oIRRIGATIONoDEPTT. oGUWAHATI-03. 3:THEoSUPERINTENDINGoENGINEER oHOJAIoCIRCLEo(IRRIGATION). 4:THEoEXECUTIVEoENGINEER oJAMUNAMUKHoHOJAI-oLAMDINGoDIVISIONo(IRRIGATIONo For2the2Petitioner(s)22222222222222222222222222222:2Mr.2D.2Kalita,2Advocate2222 o For2the2Respondent(s)2222222222222222 2:2Ms.2D.2S.2Neog,2Advocate oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH