Narza Basumatary v. The State of Assam and 4 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. Also heard Ms. D. Jain, learned counsel for the respondent No. 1.

¶2It is the case of the petitioner that pursuant to Administrative Approval dated 10.03.2017, the petitioner on emerging as L-1 bidder, was issued work order dated 06.06.2017, for the contract-work viz. "Protection of Noyabasti village (Gurubasha) and its adjoining area from the erosion of river Mora-Bhur under BTAD" ('the Contract-Work', for short) at a sanctioned amount of Rs. 20 lakhs. The petitioner's case is that he has completed the Contract-Work to the extent of 100% and thereafter, submitted his final bill for an amount of Rs. 20 lakhs. The respondent authorities in the BTC, after inspection of the Contract-Work, had issued a completion certificate. By an order dated 04.07.2018, the Secretary, BTC had accorded a sanction of an amount of Rs. 10 lakhs for the Contract-Work. It has been averred that though an amount of Rs. 10 lakhs have been disbursed in favour of the petitioner, the remaining amount of Rs. 10 lakhs has not been disbursed in his favour by the respondent authorities in the BTC.

¶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 Water Resources Department, BTC, Kokrajhar, the petitioner is at Page No.# 3/3 serial No. 8 and the admitted amount payable to the petitioner is Rs.9,97,295/-. 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.9,97,295/-, the Water Resources Department, BTC shall pay the admitted amount to the petitioner, within a period of 2(two) 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)/3626/2022o NARZAoBASUMATARYo S/OoSRIoJAWAHARLALoBASUMATARYo VILL-oNORTHoSIMLAGURIoP.O.oGARUBHASA,oP.S.oSIDLI,oDIST.oCHIRANG,o BTR,oASSAM,oPIN-783375 VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o THROUGHoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM,oWATERoRESOURCEoDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoBODOLANDoTERRITORIALoCOUNCIL oREP.oBYoTHEoPRINCIPALoSECRETARY oBTCoP.O.oANDoDIST.oKOKRAJHAR oPIN-o783370oBTRoASSAM 3:THEoSECRETARY oWATERoRESOURCEoDEPARTMENT oBTCoKOKRAJHAR. 4:THEoADDITIONALoCHIEFoENGINEER oCUMoCOUNCILoHEADoOFoTHEoDEPARTMENT oKOKRAJHARoZONE oWATERoRESOURCEoDEPARTMENT oBTCoKOKRAJHAR. 5:THEoEXECUTIVEoENGINEER oCHIRANG oWATERoRESOURCEoDIVISION oKAJALGAONoBTRoASSAo AdvocateoforotheoPetitionerooooo:oMRoRoDHAR,oMRS.oAoBASUMATARY,MRoBoCoMUCHAHARYo AdvocateoforotheoRespondento:oSC,oWATERoRESOURCE,oSC,oBTCoo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA