Narza Basumatary v. The State of Assam and 5 Ors

ORDER Date : 30.09.2024

¶1Heard Mr. R. Dhar, learned counsel for the petitioner and Mr. R. K. Muchahary, learned counsel for the BTC.

¶2It is the case of the petitioner that pursuant to Administrative Approval dated 09.04.2018, the petitioner on emerging as L-1 bidder, was issued work order dated 18.06.2018 for the contract-work viz. "Construction of Residential Building of Rajeswar Wary at North Islakata Village under S.O.P.D.(CD) fund for the year 2018-2019" ('the Contract-Work', for short) at a estimated amount of Rs. 9,90,000/-. The petitioner has asserted that he has completed the Contract-Work to the extent of 100% and thereafter, submitted his final bill for an amount of Rs. 10 lakhs. The respondent authorities in the BTC, after inspection Page No.# 3/3 of the Contract-Work, had issued a completion certificate. It has been averred that despite approaches being made before the respondent authorities in the BTC for disbursal of the amount of Rs. 10 lakhs, the same has not been disbursed in favour of the petitioner till date.

¶3Mr. R. K. Muchahary, learned counsel for the BTC submits that as per the list of contractors made by the BTC to whom outstanding liabilities are to be paid by the WPT&BC Department (Chief Discretionary Fund), the petitioner is at serial No. 1536 and the admitted amount payable to the petitioner is Rs.10 Lakhs/-. He submits that the same will be paid to the petitioner.

¶4I have heard the learned counsels for the parties.

¶5In view of there being an admission by the BTC that the petitioner is liable to be paid Rs. 10 Lakhs, the WPT&BC Department (Chief Discretionary Fund) shall pay the admitted amount to the petitioner within a period of 7(seven) months from the date of receipt of a certified copy of this order.

¶6This writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010103312022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3629/2022o NARZAoBASUMATARY S/OoSRIoJAWAHARLALoBASUMATARYo VILL-oNORTHoSIMLAGURI oP.O.oGARUBHASAoP.S.oSIDLI oDIST.oCHIRANG oBTRoASSAM oPIN-783375 oVERSUS THEoSTATEoOFoASSAMoANDo5oORS. THROUGHoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oDISPUR oGUWAHATIo-6. 2:THEoCOMMISSIONER PANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oASSAMoJURIPAR oPANJABARI oGUWAHATI-37. o3:THEoBODOLANDoTERRITORIALoCOUNCIL REP.oBYoTHEoPRINCIPALoSECRETARY oBTCoP.O.oANDoDIST.oKOKRAJHAR oPIN-783370 o4:THEoSECRETARY PoANDoRD oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oP.O.oANDoDIST.oKOKRAJHAR oASSAM oPIN-o783370. Page No.# 2/3 5:THE DIRECTOR PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT BTC P.O. AND DIST. KOKRAJHAR ASSAM PIN-783370 6:THE BLOCK DEVELOPMENT OFFICER SIDLI CHIRANG DEVELOPMENT BLOCK SIDLI DIST. CHIRANG PIN-783393 BTR ASSAM ------------ Advocate for : MR R DHAR Advocate for : SC P AND R.D. appearing for THE STATE OF ASSAM AND 5 ORS. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA