Laskar Industries and Anr v. The State of Assam and 6 Ors

O R D E R

23.08.2023

The instant writ petition has been filed by the petitioner seeking a direction upon the respondent Nos.6 & 7 to release the amount of Rs.14,90,160/- for the materials supplied by the petitioner for different schemes under the MGNREGA within a stipulated time with interest.

¶2It appears from the writ petition that the Junior Engineer, P&RD Department had requested the petitioner who is a registered supplier under DRDA to supply materials for the various schemes as mentioned in Clauses (i) and (ii)) of the paragraph No.6 to the instant writ petition for the financial year 2014-15 & 2015-16. The petitioner, accordingly, supplied the materials at the work site of the respective schemes and the Page No.# 3/4 concerned Junior Engineer having received the same in full and good conditions made entry in the Measurement Book. The said Junior Engineer submitted the bills along with Measurement Book in the Office of the Borkhola Development Block. The Block Development Officer, thereupon after making necessary verification, approved the bills with a direction to his officials to do the needful for payment. The petitioner submitted that as per the verification so made by the Block Development Officer, the petitioner is entitled to an amount of Rs.14,90,160/- for supplying the materials by the petitioner. The petitioner thereupon approached the respondent authorities for making payment of the said amount. However, no payment has been made for which the petitioner has approached this Court under Article 226 of the Constitution.

¶3Mr. N. K. Debnath, the learned counsel appearing on behalf of the P&RD Department duly submitted that the said admission of the petitioner's entitlement is made only by the Block Development Officer. He submitted that the Commissioner, Panchayat and Rural Development Department may be directed to carry out the verification as to the entitlement of the petitioner within a time-frame.

¶4Mr. N. K. Debnath, the learned counsel appearing on behalf of the P&RD Department has produced an instruction issued by the Chief Executive Officer, Cachar Zilla Parishad, Silchar which contains the parawise comments under the signature of the Chief Executive Officer, Cachar Zilla Parishad, Silchar. In the said parawise comments, it has been admitted by the Block Development Officer, Borkhola Development Block that an amount of Rs.14,90,160/- is outstanding and payable to the petitioner for the year 2014-15 & 2015-16. Page No.# 4/4

¶5Taking into account the above submission and the categorical admission by the Block Development Officer, Borkhola, this Court disposes of the instant writ petition with a direction to the Commissioner, Panchayat and Rural Development Department to carry out the verification as to whether the petitioner is entitled to the amount of Rs.14,90,160/- and upon making necessary verification, if it is found that the petitioner is entitled to, the said amount be paid to the petitioner. The said exercise be completed within a period of four months from the date of a certified copy of the instant order is submitted to the Commissioner, Panchayat and Rural Development Department.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010131492021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooCaseoNo.:oWP(C)/4308/2021 LASKARoINDUSTRIESoANDoANR REP.oBYoITSoPROPRIETORoSALEHoAHMEDoLASKAR oVILL-oDUDPATILoPART-VI oP.O.oHATICHERRA oP.S.oSILCHAR oDIST.-oCACHAR oASSAM 2:oSALEHoAHMEDoLASKAR S/O-oLT.oSUJAoUDDINoLASKAR oPROPRIETORoOFoLASKARoINDUSTRIES oVILL-oDUDPATILoPART-VI oP.O.oHATICHERRA oP.S.oSILCHAR oDIST.-oCACHAR oASSAM oVERSUS THEoSTATEoOFoASSAMoANDo6oORS TOoBEoREP.oBYoSECY.oTOoTHEoGOVT.oOFoASSAM oPANCHAYAToANDoRURALoDEVELOPMENToDEPTT. oDISPUR oGHY-06 2:THEoCOMMISSIONER PANCHAYAToANDoRURALoDEVELOPMENToDEPTT. oPANJABARI oGHY-37 o3:THEoDY.oCOMMISSIONERoCUMoDISTRICToPROGRAMMEoCOORDINATORo (MGNREGA) CACHAR oASSAM o4:THEoCHIEFoEXECUTIVEoOFFICER ZILLAoPARISHAD Page No.# 2/4 CACHAR ASSAM 5:THE PROJECT DIRECTOR ZILLA PARISHAD CACHAR ASSAM 6:THE ACCOUNT OFFICER BORKHOLA DEVELOPMENT BLOCK 7:THE BLOCK DEVELOPMENT OFFICER CUM PROGRAMME OFFICER MGNREGA BORKHOLA DEVELOPMENT BLOCK CACHAR ASSAM ------------ For the petitioner (s) : Mr. M. J. Quadir, Advocate For the respondent (s) : Mr. N. K. Debnath, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH