M/S Abacus and Anr v. The State of Assam and 6 Ors

ORDER

05.08.2024

¶1Heard Mr. C. Chakravarty, learned counsel for the petitioner, Mr. R.R. Gogoi, learned counsel for the PHE Department and Mr. A. Chaliha, learned counsel for the Finance Department.

¶2The petitioner's counsel submits that the petitioner has done various works on the basis of various work orders issued by the respondents and despite completion of the same, the petitioner has not been given all his contractual dues till date. He submits that the respondents are still liable to pay to the petitioner an amount of Rs.10,49,868/-, inasmuch as, Rs.18,20,522/- has been paid, out of the total outstanding amount of Rs.28,70,390/-.

¶3Mr. R.R. Gogoi, learned counsel for the State respondents submits that fund demand have been made for only 10 out of the 15 works done by the petitioner earlier. He submits that fund demand will be made for the remaining 5 works done by the petitioner with the Finance Department within 3 (three) weeks. In this regard, he has relied upon the letter no. E-411746/131 dated

07.06.2024 issued by the Chief Engineer (PHE) Water, Assam which is addressed to Mr. P.N. Goswami, Standing Counsel, PHED cum Addl. Advocate General, Assam along with Annexure-A and an earlier letter dated 16.05.2024 issued by the Executive Engineer (PHE), Guwahati Division No.II. The letter dated 07.06.2024 issued by the Chief Engineer (PHE) Water, Assam and the Annexures therein are made a part of the record and marked as Annexure-X Page No.# 4/4 collectively.

¶4On hearing the counsels for the parties, the State respondents are directed to verify the amount payable to the petitioner for all the 15 works done by him and thereafter pay the outstanding amount due to the petitioner, after deducting the amount already paid to the petitioner.

¶5In view of the above facts, the entire exercise shall be concluded by the respondents within a period of 3 (three) months from the date of receipt of a certified copy of this order.

¶6The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010176342023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/4596/2023o M/SoABACUSoANDoANRo REP.oBYoITSoSOLEoPROPRIETOR,oGITALIoGOSWAMI,o NABINoENCLAVE,oZOO-oNARENGIoROAD,oP.O-oBAMUNIMAIDAM,o GUWAHATI-21,o DIST-oKAMRUPo(M),oASSAM 2:oGITALIoGOSWAMI oW/O-oSANJIBoGOSWAMI o R/O-oFLAToNO-1 C oNABINoENCLAVE o 1SToFLOOR oNEARoGEETANAGARoHIGHoSCHOOLoFIELD o P.O-BAMUNIMAIDAM oP.S-oGEETANAGARo oGUWAHATI-o781021 oDIST-oKAMRUPo(M) oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo6oORSo REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,oFINANCEo DEPARTMENT,o3RDoFLOOR,oCMoBLOCK,oASSAMoSECRETARIAT,o oDISPUR,oGUWAHATI-6.oASSAM 2:THEoCOMMISSIONERoANDoSECRETARYoC oTOoTHEoGOVT.oOFoASSAM FINANCEo oDEPARTMENT oGROUNDoFLOOR Page No.# 2/4 D BLOCK DISPUR GUWAHATI-6. 3:THE SECRETARY TO THE GOVT. OF ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT ASSAM SECRETARIAT DISPUR GUWAHATI- 781006. 4:THE CHIEF ENGINEER (WATER) PUBLIC HEALTH ENGINEERING DEPARTMENT GOVT. OF ASSAM HENGRABARI GUWAHATI- 781006. 5:THE ADDL. CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT LOWER ASSAM ZONE BAMUNIMAIDAM GUWAHATI- 781021 6:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI CIRCLE BAMUNIMAIDAM GUWAHATI- 781021 7:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING GUWAHATI DIVISION NO II BAMUNIMAIDAM GUWAHATI- 781021 ASSA Advocate for the Petitioner : MR S SARMA, MR D DAS,MR. C CHAKRAVARTY,MR. R HAZARIKA Advocate for the Respondent : SC, FINANCE, SC, P H E Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA