Tara Tamang v. The State of Assam and 3 Ors

ORDER 29-05-2024 Heard Mr. S. C. Biswas, learned counsel for the petitioner, who submits that by filing of this writ petition the petitioner prays for a direction to the respondents to pay the petitioner the outstanding bill of Rs.5,99,491.00 along with interest and compensation which is due to the petitioner. The learned counsel submits that the petitioner was given a work order for repairing of SPT bridges on roads leading to polling stations under maintenance fund of ASRB for the year 2006-07 under PWD Tezpur Road Circle, Tezpur (Election Urgent)" on the offered rate of the petitioner @ Rs.13,90,075.00. The learned counsel submits that the petitioner executed the work and completed the same and submitted the running bills which was paid to him from time to time. However, the outstanding amount of Rs.5,99,491.00 remains unpaid and therefore the petitioner before this Court. The learned counsel submits that although the writ petition was filed going back on 25.08.2022 but the respondents have not filed their counter affidavit till date. The amount bill is an admitted amount, Court may direct the respondents to make the payment to the petitioner. Considering the materials available on record and the submission made by the learned counsel, the writ petition is disposed of at this stage with a direction to the respondent no. 2 i.e. Chief Engineer, PWD Roads, Assam to verify the claim of the petitioner within a period of 4 (four) weeks from the date of receipt of the certified copy of this order. Upon making such verification if it is found that the claim of the petitioner is Page No.# 3/3 correct and genuine, the said authority shall undertake necessary process for payment of the dues to the petitioner in terms of the decision of this Court in the case of Tamsher Ali Vs State of Assam reported in 2008 (4) GLT 1. Writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010170962022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5602/2022o TARAoTAMANGo W/O.oLT.oPREMoBAHADURoTAMANG,oVILL.oNO.1oBATAMARI,oP.O.o RANGACHAKUA,oP.S.oJAMUGURI,oDIST.oSONITPUR,oASSAM. VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o THROUGHoTHEoCOMM.oANDoSECY.,oTOoTHEoGOVT.oOFoASSAM,oPWD,o DISPUR,oGUWAHATI-781006. 2:THEoCHIEFoENGINEER oPWDo(ROADS) oASSAM oCHANDMARI oGUWAHATI-781003. 3:THEoSUPERINTENDINGoENGINEER oPWD oTEZPURoROADSoCIRCLE oTEZPURoDIST.oSONITPUR oASSAM. 4:THEoEXECUTIVEoENGINEER oPWD oSONITPURoRURALoROAD oDIVISIONoBISWANATHoCHARIALI oDIST.oBISWANATH oASSAMo AdvocateoforotheoPetitionerooooo:oMR.oSoCoBISWASo AdvocateoforotheoRespondento:oSC,oPWDoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO