Zakir Hussain 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 Page No.# 2/3 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.2) under A.I.B.P. for the year 2014-15. Being successful bidder, the Petitioner was issued a formal work order bearing No. MIN/NIT-6/Gr-

(A)/2014-2015/2978 dated 17.01.2015. In the said formal work order, the tender value was quoted as Rs.14,64,000/-. 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 an amount of Rs.13,17,600/-. 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 Rs.13,17,600/- 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 Page No.# 3/3 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.

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

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010096582022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3578/2022 ZAKIR HUSSAIN S/O- LATE ABDUR RASHID, AMINPATTY, NAGAON, ASSAM, PIN- 782002. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI. 2:THE CHIEF ENGINEER IRRIGATION DEPARTMENT GUWAHATI-3. 3:THE SUPERINTENDING ENGINEER HOJAI CIRCLE (IRRIGATION). 4:THE EXECUTIVE ENGINEER JAMUNAMUKH HOJAI-LAMDING DIVISION (IRRIGATION) For the Petitioner(s) : Mr. D. Kalita, Advocate For the Respondent(s) : Ms. D. S. Neog, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH