Hiranya Kr. Sarma v. The State of Assam and 3 Ors

Order

15-02-2023

Heard Mr. P.K. Mazumdar, learned counsel for the petitioner and Mr. B. Goswami, learned Additional Advocate General, Assam assisted by Mr. P. Kakoti, learned counsel for all the respondents.

¶2The petitioner has claimed that after being awarded a contract work :- Raising and strengthening of Nonoi embankment B/B from NH 52 to R.K. B/Dyke. [under S.S.S.] ['the Contract-Work' for short] by an work order dated 17.02.2015 [Annexure-1], the petitioner had executed and completed the same successfully to the satisfaction of the respondent authorities. According to the petitioner, the total value of the Contract-Work was Rs. 4,56,295/- [Rupees Four Lakhs Fifty Six Thousand Two Hundred Ninety Five] and accordingly, he had submitted the final bills for the Contract-Work for an amount of Rs. 4,56,295/- [Rupees Four Lakhs Fifty Six Thousand Two Hundred Ninety Five]. When despite repeated approaches for disbursal of the said amount the respondent authorities had not taken any discernible action for release of the same, the petitioner has stated to have approached this Court by filing this writ petition seeking, inter alia, a direction to the respondent authorities to release the aforesaid amount of Rs. 4,56,295/- [Rupees Four Lakhs Fifty Six Thousand Two Hundred Ninety Five].

¶3In response, the respondent no.2 i.e. the Chief Engineer, Water Resources Department, Assam has filed an affidavit-in-opposition on 22.08.2022. It has been averred therein that the value of the works executed by the petitioner in connection with the Contract-Work, refereed hereinabove, has been found to be Rs. 4,00,282/- and not Rs. Page No.# 3/4 4,56,295/-, as claimed by the petitioner. It is further averred that out of the admitted amount of Rs. 4,00,282/- [Rupees Four Lakhs Two Hundred Eighty Two], an amount of Rs. 2,50,000/- [Rupees Two Lakhs Fifty Thousand] has already been disbursed to the petitioner as part-payment, meaning thereby, the total outstanding balance, as on date, is Rs.1,50,282/- [Rupees One Lakh Fifty Thousand Two Hundred Eighty One].

¶4Mr. Goswami, learned Additional Advocate General, Assam has fairly submitted that the amount of Rs.1,50,282/- [Rupees One Lakh Fifty Thousand Two Hundred Eighty One] is an admitted liability and the said amount could not be released due to paucity of fund. He has, thus, submitted that the instant case is squarely covered by 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 and, as such, the respondent authorities will process the claim of the petitioner in light of the principles enunciated in the aforesaid judgment.

¶5Mr. Mazumdar, learned counsel for the petitioner has submitted that the respondent authorities may be directed to take immediate action for disbursal of the amount of Rs.1,50,282/- [Rupees One Lakh Fifty Thousand Two Hundred Eighty One] immediately, in terms of the principles laid down in Tamsher Ali [supra].

¶6In view of the above submissions made by the learned counsel for the parties, this writ petition is disposed of at the admission stage itself with a direction to the respondent no.2 i.e. the Chief Engineer, Water Resources Department, Assam, to examine the claim of the writ petitioner within a period of 45 days from the date of receipt of a certified copy of this order and then, the concerned respondent authorities will process the claim of the petitioner as regards disbursal of Rs.1,50,282/- [Rupees One Lakh Fifty Thousand Two Hundred Eighty One] in accordance with law and also in the light of the directions contained in Tamsher Ali [supra].

¶7The petitioner after obtaining a certified copy of this order shall place the same before the respondent no.2 i.e. the Chief Engineer, Water Resources Department, Assam for doing the needful from his end.

¶8The writ petition stands disposed of in terms of the above directions. Page No.# 4/4

¶9No order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010118612021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3909/2021o HIRANYAoKR.oSARMAo S/OoLATEoGAGANoCH.oSARMAo VILLAGEoANDoPOoBYASPARA,oPSoSIPAJHARoDISToDARRANG,o ASSAM,784145 VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oWATERo RESOURCESoDEPARTMENT,oDISPURoGUWAHATIo06,oASSAM 2:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oCHANDMARI oGUWAHATIo03 oASSAM 3:THEoSUPERINTENDINGoENGINEER oSOUTHERNoASSAMoCIRCLE oWATERoRESOURCESoDEPARTMENT oCHANDMARI oGUWAHATIo03 oASSAM 4:THEoEXECUTIVEoENGINEER oMANGALDAIoWATERoRESOURCESoSUBoDIVISION oMANGALDAI oDARRANG oASSAo Page No.# 2/4 Advocate for the Petitioner : MR. P K MAZUMDAR Advocate for the Respondent : SC. WATER RESOURCE DEPTT. BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY