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 13.12.2018, the petitioner on emerging as L-1 bidder, was issued work order dated 07.03.2019 for the contract-work viz. "Protection of Chandpur village from the erosion of river Mora-Bhur on R/B under S.O.P.D (BTC) for 2019-2020" ('the Contract-Work', for short) at a sanctioned amount of Rs.14,99,700/-. 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. 15 lakhs. The respondent authorities in the BTC, after inspection of the Contract-Work, had issued a completion report dated 02.06.2020. It has been averred that despite approaches being made before the respondent authorities in the BTC for disbursal of Rs. 15 lakhs, the same has not been done Page No.# 3/3 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 Water Resources Department, BTC, Kokrajhar, the petitioner is at serial No. 36 and the admitted amount payable to the petitioner is Rs.14,98,591/-. 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.14,98,591/-, the Water Resources Department, BTC shall pay the admitted amount to the petitioner, within a period of 5(five) 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)/3627/2022o NARZAoBASUMATARY S/OoSRIoJAWAHARLALoBASUMATARY oVILL-oNORTHoSIMLAGURI oP.O.oGARUBHASAoP.S.oSIDLI oDIST.oCHIRANG oBTRoASSAM oPIN-7883375 oVERSUS THEoSTATEoOFoASSAMoANDo4oORS. THROUGHoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFo ASSAM oWATERoRESOURCEoDEPARTMENT oDISPURoGUWAHATI-6. 2:THEoBODOLANDoTERRITORIALoCOUNCIL REP.oBYoTHEoPRINCIPALoSECRETARY oBTC oP.O.oANDoDIST.oKOKRAJHAR oPIN-o783370 oBTRoASSAM o3:THEoSECRETARY WATERoRESOURCEoDEPARTMENT oBTC oKOKRAJHAR. o4:THEoADDITIONALoCHIEFoENGINEERoCUM COUNCILoHEADoOFoTHEoDEPARTMENT oKOKRAJHARoZONE oWATERoRESOURCEoDEPARTMENT oBTCoKOKRAJHAR. Page No.# 2/3 5:THE EXECUTIVE ENGINEER CHIRANG WATER RESOURCE DIVISION KAJALGAON BTR ASSAM ------------ Advocate for : MR R DHAR Advocate for : SC WATER RESOURCE appearing for THE STATE OF ASSAM AND 4 ORS. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA