Ansumwi Narzary v. The State of Assam and 5 Ors

ORDER

13.08.2024 Heard Mr. A. Boro, learned counsel for the petitioner and Mr. R.K. Muchahary, learned counsel for the respondent Nos.2-6. Mr. C. Sarma, learned counsel appears for the respondent No.1.

¶2Mr. A. Boro, learned counsel for the petitioner submits that this is the second round of litigation for payment of the petitioner's dues amounting to Rs.14,00,000/-. He submits that the petitioner approached this Court by way of WP(C) 6744/2021 which was disposed of on 31.01.2022, in terms of the order dated 17.12.2021 passed in WP(C) 6079/2021. In WP(C) 6079/2021, the respondents had been directed to consider the claim of the petitioner therein and to pay the admitted amount, in terms of the of the judgment of the Full Page No.# 3/4 Bench of this Court in the case of Tamsher Ali vs. State of Assam & Others, reported in 2008 (4) GLT 1. However, till date no payment has been made to the petitioner and the direction passed in WP(C) 6744/2021 has not been complied with. He submits that a fresh writ petition has been filed as the Section 20 of the Contempt of Courts Act, barred the filing of a contempt case.

¶3Mr. R.K. Muchahary, learned counsel for the respondent Nos.2-6 submits that the petitioner's case had been considered by the BTC authorities in terms of the decision of this Court in Tamsher Ali(supra) and that the petitioner's claim for Rs.14 lakhs is found to be genuine. He has accordingly been put in Sl. No.55 of the list of persons against whom the BTC has pending liabilities. Further, the petitioner would be paid as per his serial number from the SOPD fund to be allocated to the BTC by the Government of Assam.

¶4Mr. C. Sarma, learned counsel for the respondent No.1 submits that 50% of the SOPD funds for budget allocation to the BTC for the financial year 2024-25 has been given.

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

¶5The letter No. BTC/F(Court Case)/103/2022/163 dated 09.08.2024 issued by the Secretary, BTC to the Senior Standing Counsel, BTC is to the effect that the BTC has received Rs.40150 lakhs from the Government of Assam, which is 50% of the SOPD funds for budget allocation to BTC for the financial year 2024-25, as first instalment. The letter further states that in principle, it has been agreed that a target of maximum 10% of the total SOPD fund would be allocated by the BTC, for paying the contractual dues of the BTC. Page No.# 4/4

¶6With regard to the time period for paying the admitted amount to the petitioner, Mr. R.K. Muchahary, learned counsel for the respondent Nos.2-6 submits that 4(four) months time period may be given for payment of the same to the petitioner.

¶7In view of the stand of the respondent BTC that they are liable to pay Rs.14 lakhs to the petitioner and keeping in view the letter dated 09.08.2024 issued by the Secretary, BTC, the respondents are directed to pay to the petitioner the admitted amount of Rs.14 lakhs, within a period of 4(four) months from the date of receipt of a certified copy of this order.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

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