Putul Ali v. The State of Assam and 4 Ors

O R D E R

04.04.2024.

Heard Mr. S. Muktar, learned counsel for the petitioner. Also heard Mr. N. Upadhayay, learned standing counsel for the Irrigation Department appearing on behalf of the State respondent. 2) By filing the Writ Petition, the petitioner is canvassing his grievance for non-payment of contractual bills. 3) The facts of the case of the petitioner is that the petitioner who is a Class-I A registered contractor under the Irrigation Department, Assam, pursuant to the work order issued by the Executive Engineer, Mangaldoi-Dalgaon-Sipajhar Division on 10.06.2022, the petitioner executed satisfactorily the aforesaid work and completed the same in time, in terms of the specification. However, the bills of the petitioner to the tune of Rs.40,82,976/- (Rupees forty lakh eighty two thousand nine hundred seventy six) only is still outstanding. 4) It appears that the aforesaid amount has been admitted by the Department and has also been certified by the jurisdictional Executive Engineer. 5) In view of the above, I am of the considered view that for the ends of justice this Writ Petition can be disposed of in terms of the decision rendered by the Division Bench of this Court in the case of Tamsher Ali and others vs. State Page No.# 3/3 of Assam and others, reported in 2008 (4) GLT 1. 6) Accordingly, the respondents are directed that the admitted outstanding amount of the petitioner be released within a period of six (6) months, from the date of receipt of certified copy of this order. 7) The Writ Petition stands disposed of. 8) No order as to cost.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010135482023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3614/2023o PUTULoALIo S/OoAIJUDDINoAHMED,oR/OoWARDoNO.o4o(KARIMoCHOWK),oP.O.oANDoP.S.- MANGALDAI,oDIST-DARRANG,oASSAM,oPIN-784125 VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o IRRIGATIONoDEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoCHIEFoENGINEER oIRRIGATION oASSAM oCHANDMARI oGUWAHATI-3 3:THEoSUPERINTENDINGoENGINEER oMANGALDAIoCIRCLEo(IRRIGATION) oMANGALDAI oPIN-784125 4:THEoEXECUTIVEoENGINEER oMANGALDAI-DALGAON-SIPAJHARoDIVISIONo(IRRIGATION) oMANGALDAI oPIN-784125 5:THEoASSISTANToEXECUTIVEoENGINEER oMANGALDAIoSUB-DIVISIONo(IRRIGATION) oMANGALDAI oPIN-78412o AdvocateoforotheoPetitionerooooo:oMRoSoMUKTARo Page No.# 2/3 Advocate for the Respondent : SC, IRRIGATION BEFORE HON'BLE MR. JUSTICE KAUSHIK GOSWAMI