M/S. Anuradha Enterprise and Anr v. The State of Assam and 3 Ors

ORDER

27.01.2023 Heard Ms. M. Devi, learned counsel for the petitioners. Also heard Shri R. Gogoi, learned Standing Counsel, PHE for the respondent nos. 1 to 3 as well as Shri A. Khanikar, learned Standing Counsel, NCHAC for the respondent no. 4 whereas Ms. S. Sarma, learned State Counsel has appeared for the newly impleaded respondent no. 5 i.e. the Commissioner & Secretary to the Government of Assam, Hills Area Department.

¶2The petitioners have approached this Court for a direction for release of a contractual bill of Rs.3,99,255/- connected with supply work order No. PHEE / HFG / TB-513 / 2013-14 / T-382 dated 28.06.2013 for construction of foundation for Pump including carriage, installation of Pump Motor Set for 125 HP Pump (2 nos.) and providing, fitting and fixing of panel board (3 phase) volt along with L & T make starter with ET 100 under Krishna RWPM of Haflong W/S/S (M). It is the case of the petitioners that in spite of the work being completed in all respects, the payment has not been made and the writ petition is pending since the year 2018.

¶3After issuance of notice, the NCHAC has filed the affidavit in an analogous Page No.# 3/4 matter namely, WP(C)/3683/2018 wherein it has been stated that it is only due to the lack of funds which are required to be made available by the Hills Area Department, the amount could not be paid. The learned Standing Counsel otherwise submits that the amount involved is admitted and there is no dispute to that aspect. The learned Standing Counsel has also placed on records two numbers of communications dated

20.01.2021 and 13.04.2021 issued by the Principal Secretary, NC Hills Autonomous Council, Haflong and Addl. Chief Engineer (PHE), Dima Hasao Zone, Haflong respectively whereby the Hills Area Department have been requested to make available the funds to clear the bills under the Department. Amongst the 30 nos. of transfer subject, PHE is also one of those and therefore the role of the Hills Area Department is a significant one.

¶4Ms. S. Sarma, learned State Counsel, who appears for the said Department after its impleadment submits that since the amount involved is admitted which is not only reflected in the affidavit filed in one of the connected cases but also in the communications dated 20.01.2021 and 13.04.2021, necessary directions may be given to the Hills Area Department to do the needful.

¶5In view of the above facts and circumstances and also taking into consideration the law laid down on this subject, the instant writ petition is disposed of by directing the Hills Area Department to allot necessary funds to the NCHAC as per the requisition made and reiterated vide communications dated 20.01.2021 and 13.04.2021 as observed above and on such receipt of the funds, the dues of the petitioners which has admitted be released expeditiously.

¶6The aforesaid exercise, as directed above of allotting the funds be completed expeditiously and in any case within an outer limit of 3(three) months from today and on such receipt as observed above, the same be released to the petitioners immediately.

¶7Copies of the communications dated 20.01.2021 and 13.04.2021 are made part Page No.# 4/4 of the records.

¶8The writ petition accordingly stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010114872018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3674/2018o M/S.oANURADHAoENTERPRISEoANDoANR. NEARoAOCoPETROLoPUMP oGADAINoRAJI oHAFLONG oDIST-oDIMAoHASAO oPIN-o788819 oASSAM oREP.oBYoITSoSOLEoPROPoSMToSANGHAMITRAoKEMPRAI 2:oSANGHAMITRAoKEMPRAI W/O-oSRIoDEBOJEEToTHAOSEN oNEARoAOCoPETROLoPUMP oGADAINoRAJI oHAFLONG oDIST-oDIMAoHASAO oPIN-o788819 oVERSUS THEoSTATEoOFoASSAMoANDo3oORS. REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oPHEoDEPTT oDISPUR oGUWAHATI-o6 2:THEoCHIEFoENGINEER PHEoDEPARTMENT o3:THEoEXECUTIVEoENGINEER PHEoDEPTT oHAFLONGoDIVISION oHAFLONG oDIMAoHASAO oASSAM o4:NORTHoCACHARoHILLSoAUTONOMOUSoCOUNCIL REP.oBYoTHEoPRINCIPALoSECRETARY Page No.# 2/4 HAFLONG DIST- DIMA HASAO PIN- 788819 ASSAM 5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM HILL AREA DEVELOPMENT DEPARTMENT DISPUR GUWAHATI - 06 ------------ Advocate for : MS. M DEVI Advocate for : SC P H E appearing for THE STATE OF ASSAM AND 3 ORS. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI