Upen Boro v. The State of Assam and 8 Ors

ORDER Date : 29.05.2023

Heard Mr. A. Rahman, the learned counsel appearing on behalf of the petitioner. Mr. R. Dhar, the learned counsel appears on behalf of the respondent Nos. 1 & 7, Mr. A. Chaliha, the learned counsel appears for the respondent No. 2 and Mr. S. Bora, the learned counsel appears on behalf of the respondent Nos. 3 to 9.

¶2The instant writ petition has been filed by the petitioner being aggrieved by the inaction on the part of the respondent authorities in not releasing the amount of Rs.20,00,000/- (Rupees Twenty lakhs) to which the petitioner claims to be entitled to on the basis of the work done in connection with the construction of CC Block Pavement road from Hatigarh Market to Beharbari village under Hatigarh VCDC under CD Fund for the year 2016-17. 3 The learned counsel for the petitioner submitted that the respondent No. 9 had conducted an inspection upon the successful completion of the work and prepared an inspection report with work completion certificate, utilization certificate etc certifying that the said construction work has been 100% completed as per the plan and estimate. In that regard the respondent No. 8 has also issued a letter dated 8/9/2017 to the respondent No. 3 requesting for the fund along with the Proforma Bill in respect to the said construction work successfully done by the petitioner. However, the said amount of Rs. 20,00,000/- (Rupees Twenty lakhs) has not been paid in spite of various representations made by the petitioners.

¶4Mr. S. Bora, the learned counsel appearing on behalf of the respondent Nos. 3 to 9 submitted that on 15th of November, 2021 the Principal Secretary, Boroland Territorial Council had issued an order to verify all such works by conducting comprehensive audit, financial verification and physical verification wherever applicable against all contractual works at the Government level and further to Page No.# 4/4 complete the whole exercise in this regard within six months from the date of the issue of the said order dated 15th of November, 2021. The learned counsel appearing for the respondent-BTC further submitted before this Court that on the basis of the order dated 15th of November, 2021 after necessary verification, if it is found that the petitioner's claims are admissible and after following all established norms the same shall be processed in accordance with law and as per the decision contained in Tamsher Ali & Ors. Vs. State of Assam & Ors. reported in 2008 (4) GLT 1.

¶5Taking into account the said order dated 15th of November, 2021, this Court therefore disposes off the instant writ petition with a direction upon the respondents of the Boroland Territorial Council to make necessary verification and upon such verification, if it is found that the petitioner has completed the work, the petitioner be paid his dues.

¶6The said exercise be completed within a period of six months from the date a certified copy of the instant order is served upon the respondent No. 3. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010150712021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5272/2021o UPENoBOROo S/O-oLT.oTANUoRAMoBORO,oR/O-oVILL-oJALUKBARI,oP.O.oTANGLA,oDIST.-o UDALGURI,oBTAD,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo8oORSo REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM,oPWDoDEPTT.,oDISPUR,oGHY-6 2:THEoSTATEoFINANCEoCOMMISSION oGOVT.oOFoASSAM oDISPUR oGHY-37 3:THEoPRINCIPALoSECRETARY oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oP.O.oANDoDIST.-oKOKRAJHAR oBTAD oASSAM oPIN- 4:THEoJOINToSECRETARY oBTC oKOKRAJHAR oP.O.oANDoDIST.-oKOKRAJHAR oBTAD oASSAM oPIN- 5:THEoSUPERINTENDINGoENGINEER oPWDo(RANDB)oCIRCLEoBTC Page No.# 2/4 KOKRAJHAR P.O. AND DIST.- KOKRAJHAR BTAD ASSAM PIN- 6:THE EXECUTIVE ENGINEER DRDA UDALGURI P.O. AND DIST.- UDALGURI BTAD ASSAM PIN- 7:THE DY. COMMISSIONER UDALGURI P.O. AND DIST.- UDALGURI BTAD ASSAM PIN- 8:THE BLOCK DEVELOPMENT OFFICER UDALGURI DEVELOPMENT BLOCK P.O. AND DIST.- UDALGURI BTAD ASSAM PIN- 9:THE JUNIOR ENGINEER UDALGURI DEVELOPMENT BLOCK P.O. AND DIST.- UDALGURI BTAD ASSAM PIN Advocate for the Petitioner : MR. N ALAM R K Advocate for the Respondent : GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH