Mahendra Nath Baishya v. The State of Assam and 5 Ors

O R D E R

17.07.2024

Heard Mr. C. Goswami, the learned counsel appearing on behalf of the petitioner. Also heard Ms. N. Bora, the learned counsel appearing on behalf of the respondent Nos.1 & 5; Mr. R. Dubey, the learned counsel appearing on behalf of the respondent No.2; Mr. D. Gogoi, the learned counsel appearing on behalf of the respondent Nos.3 & 6 as well as Mr. M. Chetia, the learned counsel appearing on behalf of the respondent No.4.

¶2The instant writ petition has been filed by the petitioner being aggrieved with the respondent authorities in not releasing his dues to which he claims to be entitled to. It is the specific case of the petitioner that the petitioner is a registered contractor of the Public Health Engineering Department and during the Panchayat Election, 2013, he was ordered by the Executive Engineer, PHE, Mangaldai Division to complete the works relating to taps and hand washing system, 12 numbers of hand pumps and 25 numbers of low cost sanitary latrines at Mangaldai College Page No.# 3/4 for Panchayat Election. It is the further case of the petitioner that 3 work orders were issued in that regard details of which are given herein under:-

(i) Office order No.PHEE/MGI/W-6/2012-13/5831 dated 13-03-13, confirm Work Order for laying of distribution pipe network including arrangement of taps and hand washing system at Mangaldai College for Panchayat Election-2013 at estimated amount of Rs.1,20,957.00.

(ii) Office order No.PHEE/MGI/W-6/2012-13/5834 dated 13-03-13, confirm Work Order for temporary installation and extraction of 12 Nos. Singur Hand pumps at Mangaldai College for Panchayat Election-2013 at estimated amount of Rs.46,522.00.

(iii) Office order No.PHEE/MGI/W-6/2012-13/5837 dated 13-03-13, confirm Work Order for construction of 25 Nos. low cost sanitary latrines at Mangaldai College for Panchayat Election-2013 at estimated amount of Rs.60,000.00.

¶3It is the case of the petitioner that the petitioner is entitled to an amount of Rs.2,26,482.81 against the aforementioned works which have been completed by the petitioner. However, the respondent authorities inspite of being requested and represented time and again, have failed to release the said amount and it is under such circumstances the instant writ petition has been filed.

¶4This Court duly takes note of that pursuant to the filing of the instant writ petition notice was issued by this Court. However, till date no reply has been filed by either of the respondents.

¶5Taking into account the above, this Court in the interest of justice directs the Commissioner and Secretary to the Government of Assam, Page No.# 4/4 Panchayat and Rural Development Department, Dispur, Guwahati as well as the respondent Nos.2 & 3 to make appropriate verification as regards the petitioner's entitlement and thereupon if it is found that the petitioner is entitled to the said amount claimed or part thereof, the due amount be released.

¶6The verification be completed within a period of 2 months from the date a certified copy of the instant order is served upon the Commissioner and Secretary to the Government of Assam, Panchayat and Rural Development Department as well as to the respondent Nos.2 & 3. Pursuant to the verification as directed be carried out; within 4 months thereafter if it is found that the petitioner is entitled to any amount, the payment be made.

¶7In view of the above, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010175662016 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7349/2016o MAHENDRAoNATHoBAISHYAo S/OoLT.oRAMESWARoBAISHYA,oR/OoMANGALDAIoTOWN,oW/NO.5,oP.O.oando P.S.oMANGALDAI,oDIST-oDARRANG,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECY.oTOoTHEoGOVT.oOFoASSAM,o PandR.D.,oDISPUR,oGHY-6 2:THEoSECRETARY oASSAMoSTATEoELECTIONoCOMMISSION oHOUSEFEDoCOMPLEX oDISPUR oGHY-6 3:THEoCHIEFoENGINEER oPHE oWATER oASSAM oHENGERABARI oGHY-36 4:THEoDY.oCOMMISSIONER oDARRANG oMANGALDAI 5:THEoPROJECToDIRECTOR oDRDAoCUMoCHAIRMAN oCONSTRUCTIONoCELL oPANCHAYAToELECTION/2013 oDARRANG Page No.# 2/4 MANGALDAI 6:THE EXECUTIVE ENGINEER PHE MANGALDAI DIVISION MANGALDA For the petitioner (s) : Mr. C. Goswami, Advocate For the respondent (s) : Ms. N. Bora, Advocate Mr. R. Dubey, Advocate Mr. D. Gogoi, Advocate Mr. M. Chetia, Govt. Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH