Smt. Mira Islary v. The Bodoland Territoral Council and 4 Ors

ORDER Date : 25.09.2024

Heard Mr. R. Dhar, learned counsel for the petitioner and Mr. R. K. Muchahary, learned counsel for all the respondents.

¶2The petitioner's case is that he is a registered Class-1(C) Contractor. Pursuant to the work order dated 18.04.2018 issued by the Block Development Officer, Khoirabari Development Block, the petitioner was entrusted to execute the construction work for "Construction of road by sand gravelling and 2 Nos. RCC Box Culvert from No. 1 Bainara Bathou Mandir to Baksa Border Bornadi". On completion of the work, the petitioner submitted his bill amount of Rs. 25 Lakhs.

¶3The petitioner's case is that though Rs. 10 Lakh has been paid to the petitioner, the balance amount of Rs. 15 Lakh has not been paid to the petitioner till date.

¶4Mr. R. K. Muchahary, learned counsel for the respondents has submitted a list of names made by the BTC authorities to whom outstanding bills are to be paid. The list states as follows:- Page No.# 3/3 "Chronological list of schemes under WPT&BC (Chief Discretionary Fund), BTC for consideration of liability payment based on submission of bill/demand from 2010-2022."

¶5The petitioner's name appears at serial No. 1196 in relation to the above mentioned contract work. The list also shows that the petitioner had been given Rs. 10 Lakh earlier and that assessed liability as per the proforma bill available in the file was Rs. 15 Lakh. The list also shows that 100% of the contract work had been completed.

¶6In view of the admission having been made by the BTC authorities to the effect that the petitioner is liable to be paid Rs. 15 Lakh for the contract work which he has completed in the year 2018, the BTC authorities are directed to pay to the petitioner the admitted amount of Rs. 15 Lakh at the earliest, preferably within a period of 6 (six) months from the date of receipt of a certified copy of this order.

¶9The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010136612022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4748/2022o SMT.oMIRAoISLARYo D/O-oDINESHoISLARY,oR/O-oVILL.-oDEULGURI,oP.O.oHARISINGA,oDIST.o UDALGURI,oPIN-o784510,oBTR,oASSAM VERSUSo THEoBODOLANDoTERRITORALoCOUNCILoANDo4oORS.o REPRESENTEDoBYoTHEoPRINCIPALoSECRETARY,oBTC,BODOFAoNWGWR,o DIST.oKOKRAJHAR,oBTR,oASSAM,oPIN-o783370. 2:THEoSECRETARY oPoANDoRDoBTC oKOKRAJHAR oBTCoBODOFAoNWGWR oDIST.oKOKRAJHAR oBTRoASSAM oPIN-o783370. 3:THEoDIRECTOR oPANCHAYAToANDoRURALoDEVELOPMENToDEPARTMENT oBTCoP.O.oANDoDIST.oKOKRAJHAR oBTRoASSAMoPIN-o783370. 4:THEoSUPERINTENDINGoENGINEER oPWDo(RoANDoB)oCIRCLE oKOKRAJHARoBTCoASSAM oPIN-o783370. 5:THEoBLOCKoDEVELOPMENToOFFICER oKHOIRABARIoDEVELOPMENToBLOCK oKHOIRABARIoP.O.oKHOIRABARI oDIST.oUDALGURI oBTR oASSAMoPIN-o784522o Page No.# 2/3 Advocate for the Petitioner : MR R DHAR, MR B C MUCHAHARY,MRS. A BASUMATARY Advocate for the Respondent : SC, BTC, SC, PWD,SC, P AND R.D. BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA