Kamal Uddin Mazumder v. The State of Assam and 9 Ors

ORDER

06.12.2024

¶1Heard Mr. D. Chakraborty, learned counsel for the petitioner. Also heard Mr. Page No.# 3/4 S. Dutta, learned counsel for the Revenue Department, Ms. U. Das, learned Counsel for the Deputy Commissioner/District Commissioner-cum-Chairperson, District Disaster Management Authority, Ms. D. Jain, learned counsel for the Water Resources Department and Mr. M. Bhuyan, learned counsel for the Finance Department.

¶2Mr. D. Chakraborty submits that the petitioner was given contract works under the Water Resources Department for restoration of damages caused by 1st wave of floods in Cachar District. The petitioner's counsels submits that the contractual dues of the petitioner amounting to Rs.1,85,923.22 has not been paid to the petitioner.

¶3Ms. D. Jain, learned counsel for the Water Resources Department submits that the claim of the petitioner has been found to be correct and the necessary documents have been sent to the District Disaster Management Authority for disbursement of the dues of the petitioner.

¶4Ms. U. Das, learned Counsel for the Deputy Commissioner/District Commissioner-cum-Chairperson, District Disaster Management Authority submits that the necessary documents have thereafter been sent to the Revenue and Disaster Management Authorities for disbursement of the dues of the petitioner.

¶5Ms. S. Dutta, learned counsel for the Revenue Department has submitted letter dated 03.09.2024, which is to the effect that the demand proposal against the claim has been received by the department and is under process, for release Page No.# 4/4 of bills following due procedure.

¶6I have heard the learned counsels for the parties.

¶7The submission made by the counsels for the parties and the affidavit filed by the Water Resources Department goes to show that the amount claimed by the petitioner is an admitted amount. Further, in terms of the letter dated

03.09.2024 issued by the Joint Secretary to the Government of Assam, Revenue & D.M. Department, the demand proposal is under process for release of bills.

¶8The letter dated 03.09.2024 issued by the Joint Secretary to the Government of Assam, Revenue & D.M. Department is made a part of the record and marked as Annexure-X.

¶9In view of the above reasons, the Revenue & D.M. Department is directed to sanction the amount payable to the petitioner, within a period of 3 (three) months from the date of receipt of a certified copy of this order and the respondent no.7 shall thereafter disburse the same, within a further period of 1

(one) week.

¶10The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010153972024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/3894/2024o KAMALoUDDINoMAZUMDERo SONoOFoLATEoATAURoRAHMANoMAZUMDER,o RESIDENToOFoVILLAGE-oBERANGAoPART-IV,o P.O.-oSILCHAR-o5,o DISTRICT-oCACHAR,oASSAM,o PIN-o788005. VERSUSo THEoSTATEoOFoASSAMoANDo9oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,o WATERoRESOURCEoDEPARTMENT,o DISPUR,oGUWAHATI-6. 2:THEoJOINToSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oREVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoJOINToSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oFINANCEoDEPARTMENT oDISPUR oGUWAHATI-6. 4:THEoCHIEFoENGINEER oWATERoRESOURCEoDEPARTMENT oBASISTHA oGUWAHATI-29 oASSAM. 5:THEoJOINToSECRETARYoANDoDEPUTYoCEO Page No.# 2/4 ASSAM STATE DISASTER MANAGEMENT AUTHORITY ANCILLARY BLOCK DISPUR GUWAHATI-6. 6:THE SENIOR FINANCIAL ADVISIOR REVENUE AND DISASTER MANAGEMENT ASSAM. 7:THE DEPUTY COMMISSIONER/ DISTRICT COMMISSIONER CUM CHAIRPERSON DISTRICT DISASTER MANAGEMENT AUTHORITY CACHAR SILCHAR. 8:THE ADDITIONAL CHIEF ENGINEER WATER RESOURCE DEPARTMENT CACHAR AND HILLS SILCHAR CACHAR ASSAM. 9:THE EXECUTIVE ENGINEER SILCHAR WATER RESOURCE DIVISION CACHAR ASSAM. 10:THE ACCOUNTS OFFICER CACHAR WATER RESOURCE DIVISION SILCHAR Advocate for the Petitioner : MR. D CHAKRABARTY, MS D.CHAKRABARTY Advocate for the Respondent : SC, WATER RESOURCE, SC, FINANCE DEPTT.,SC, REVENUE,GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA