Baktar Uddin Laskar v. The State of Assam and 9 Ors

ORDER D06.12.2024

¶1Heard Mr. D. Chakraborty, learned counsel for the petitioner. Also heard Mr. S. Dutta, learned counsel for the Revenue Department, Ms. U. Das, learned Page No.# 3/4 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.31,25,759/- 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 31.08.2024, which is to the effect that the demand proposal against the claim has been received by the department and is under process, for release of bills following due procedure. Page No.# 4/4

¶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

31.08.2024 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 31.08.2024 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 2024:GAU-AS:12356 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/3905/2024 BAKTARoUDDINoLASKAR SONoOFoLATEoFAIZURoRAHMANoLASKAR oRESIDENToOFoVILLAGE-oBERENGAoPART-IV oP.O.oSILCHAR-5 oDISTRICT-oCACHAR oASSAM oPIN-o788005 oVERSUS THEoSTATEoOFoASSAMoANDo9oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM oWATERoRESOURCEoDEPARTMENT oDISPUR oGUWAHATI-6 2:THEoJOINToSECRETARYoTOoTHEoGOVERNMENToOFoASSAM REVENUEoANDoDISASTERoMANAGEMENToDEPARTMENT oDISPUR oGUWAHATI-6 o3:THEoJOINToSECRETARYoTOoTHEoGOVERNMENToOFoASSAM FINANCEoDEPARTMENT oDISPUR oGUWAHATI-6 o4:THEoCHIEFoENGINEER WATERoRESOURCEoDEPARTMENT oBASISTHA oGUWAHATI-o29 oASSAM Page No.# 2/4 5:THE JOINT SECRETARY AND DEPUTY CEO ASSAM STATE DISASTER MANAGEMENT AUTHORITY ANCILLARY BLOCK DISPUR GUWAHATI-6 6:THE SENIOR FINANCIAL ADVISOR 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 BARAK VALLEY ZONE SILCHAR CACHAR ASSAM 9:THE EXECUTIVE ENGINEER SILCHAR WATER RESOURCE DIVISION CACHAR SILCHAR 10:THE ACCOUNTS OFFICER CACHAR WATER RESOURCE DIVISION SILCHAR ------------ Advocate for : MR. D CHAKRABARTY Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 9 ORS BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA