Tarik Ahmed Laskar v. The State of Assam and 3 Ors

ORDER Date : 31.07.2024

Heard Mr. P Borah learned counsel for the petitioner and Mr. N Upadhyay, learned standing counsel, Irrigation Department. It is the case of the petitioner that pursuant to a tender process, the petitioner was awarded with work of providing Irrigation facilities at Borjurai and Mohisa area AIBP during the year 2013-14. He claims that certain amount of bill for execution of the aforesaid work remained unpaid, though, according to the petitioner, he could complete 35% of the work for the reason of pre mature cancellation. Referring to Annexure-R of the writ petition, Mr. Borah learned counsel submits that total due of the petitioner is Rs.94,54,518 however, an amount of Rs.81,69,252 has already been paid leaving a balance of Rs.12,85,266. At this stage Mr. Upadhyay, learned standing counsel for Irrigation Department submits that the matter may be relegated to the Chief Engineer, Irrigation Department to consider the claim of the petitioner and after verification, if it is found that the amount due is admitted, the department shall definitely pay such amount within a period of six weeks from the date of verification. The learned counsel for the petitioner submits that the matter may be disposed of as proposed by Mr. Upadhayay. In view of the aforesaid consensus, the present writ Page No.# 3/3 petition is disposed of by directing the Chief Engineer, Irrigation Department to consider the claim of the petitioner for payment of balance amount of Rs.12,85,266 after due verification whether the petitioner is entitled for such payment and if it is found that such amount is due, the payment be made within six weeks from the date of determination. The determination be made within six weeks from the date of receipt of a certified copy of this order to be furnished by the petitioner before the Chief Engineer, irrigation Department. The petitioner shall be at liberty to file a fresh representation along with a copy of this order. This disposes of the writ petition.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010099162024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/2624/2024o TARIKoAHMEDoLASKARo SONoOFoLATEoKHALILURoRAHMANoLASKAR,oRESIDENToOFoLAKHIPURo ROAD,oMADHUBAND,oSILCHAR-o788101 VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o IRRIGATIONoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoCHIEFoENGINEER oIRRIGATIONoDEPARTMENT oCHANDMARI oGUWAHATI-o781003 3:THEoSUPERINTENDINGoENGINEER oCACHARoKARIMGANJoCIRCLEo(IRRIGATION) oSILCHAR oASSAM oPIN-o788101 4:THEoEXECUTIVEoENGINEER oSILCHARoUDHARBONDoDIVISIONo(IRRIGATION)oSILCHAR oASSAM oPIN-o78810o AdvocateoforotheoPetitionerooooo:oMRoHoIoCHOUDHURY,oPRAKASHoBORAH,MR.oNoJoKHATANIAR AdvocateoforotheoRespondento:oSC,oIRRIGATION,oo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY