M/S Pm Traders v. The State of Assam and 3 Ors

ORDER

20.09.2023

Heard Mr. P. Talukdar, learned counsel for the petitioner and Mr. R.R. Gogoi, learned Standing Counsel, Public Health Engineering [PHE] Department for all the respondents.

¶2It is the case of the petitioner that the petitioner firm, being a registered contractor with the respondent PHE Department, was awarded a number of contract works :- [i] Repairing and renovation of distribution pipe line inside Zoo campus under Water works Sub-Division vide work order no. PHEE/G-II/TC-233[Vol-XVII][Pt-II]/2018-19/9934 dated

10.01.2019; [ii] Repairing of 350 mm dia CI pipe line near Pancham Tower at GS road vide work order no. PHEE/G-II/TC-233[Vol-XVI][pt-V(A)]2018-19/10421 dated 11.01.2019; and [iii] Repairing of 250 mm dia DI pipe near Sai Dental clinic at A.K. Azad road, Guwahati vide work order no. PHEE/G-II/TC-233[Vol-XVI][pt-V(A)]2018-19/10635 dated 11.01.2019 ['the Contract-Works', for short]. According to the petitioner, it had executed all the Contract-Works successfully and thereafter, submitted bills for a total amount of Rs. 5,00,061/- [=Rs. 1,87,457/- + Rs. 1,65,906/- + Rs. 1,46,698/-] for all the three Contract-Works. It is projected that when despite submission of final bills the respondent authorities in the PHE Department did not disburse the said amount of Rs. 5,00,061/-, the petitioner has to prefer the writ petition seeking a direction to the respondent authorities in the PHE Department to disburse the sum of Rs. 5,00,061/-.

¶3Mr. Gogoi, learned Standing Counsel, PHE Department has referred to the statements and averments made in the affidavit-in-opposition, filed by the respondent no. 4 on

11.09.2023. It is submitted by him that the Departmental authorities are not disputing the Page No.# 3/3 execution of the three Contract-Works by the petitioner but due to non-availability of fund against the proper Head of Accounts, the final bills submitted by the petitioner could not be processed and the amounts raised therein could not be released till date. It has been further averred in the affidavit-in-opposition that the payment will be made subject to availability of fund. It is, thus, submitted by him that the writ petition may be disposed of at this stage with a direction to the respondent no. 2 to verify the claim of the petitioner and to process thereafter, the final bills of the petitioner for the amount found entitled by the petitioner in the light of the principles enunciated in the Full Bench judgment of this Court, rendered on

29.09.2008 in Writ Appeal no. 484/2005 [Tamsher Ali & Ors. vs. State of Assam & Ors.], reported in 2008 [4] GLT 1 [FB] and similar other 194 writ petitions.

¶4Mr. Talukdar, learned counsel for the petitioner has agreed to the submission of Mr. Gogoi, learned Standing Counsel, PHE Department.

¶5In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner, this Court is of the considered view that instead of keeping this writ petition pending, the same can be disposed of with a direction to the respondent no. 2 to verify the claim of the petitioner for the amount of Rs. 5,00,061/- against the Contract-Works, mentioned hereinabove, and thereafter, to take necessary steps for disbursement of the amount of Rs. 5,00,061/- or any other amount found entitled to the petitioner for the said Contract-Works in terms of the direction made in Tamsher Ali [supra]. It is accordingly ordered. The respondent no. 2 shall verify the claim of the petitioner within 6 [six] weeks from the date of receipt of a certified copy of this order at his office from the petitioner and thereafter, to take necessary steps to disburse the amount in terms of the direction made in Tamsher Ali [supra].

¶6This order disposes of the writ petition. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010102662022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3669/2022o M/SoPMoTRADERSo PROPRIETOR-oSRIoMANOJoKUMARoJAIN,oAGEDoABOUTo56oYEARS,oS/O-o LATEoPARAJMALLoJAIN,oRESIDENToOFoL.L.oTOWER,o3RDoFLOOR,oTARUNo NAGAR,oABC,oMAINoROAD,oGUWAHATI,oKAMRUP(M),oASSAM,oPIN-o781005. VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oPUBLICoHEALTHoDEPARTMENT,oDISPUR,oGUWAHATI-6,o DISTRICT-oKAMRUP(M),oASSAM. 2:THEoCHIEFoENGINEER oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oHENGRABARI oDISPUR oGUWAHATI-6 oDISTRICT-oKAMRUP(M) oASSAM. 3:THEoSUPERINTENDINGoENGINEER oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oGUWAHATIoCIRCLE oBAMUNIMAIDAM oGUWAHATI-21 oDISTRICT-oKAMRUP(M) oASSAM. 4:THEoEXECUTIVEoENGINEER oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oGUWAHATIoDIVISIONoNO.oII oBAMUNIMAIDAM Page No.# 2/3 GUWAHATI-21 DISTRICT- KAMRUP(M) ASSAM Advocate for the Petitioner : MR. P TALUKDAR Advocate for the Respondent : SC, P H E BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY