M/S P.K. Enterprise and Anr v. The State of Assam and 7 Ors

ORDER Date : 24 .05. 2024 Heard Mr. P. Doley, learned counsel for the petitioner and Mr. J. Handique, learned counsel for the respondent No. 7. Also heard Mr. S.R. Borah, learned Government Advocate for the respondent Nos. 5 and 6 and Mr. R. Barpujari, learned counsel for the respondent No. 8 as well as Ms. D. Dey, learned counsel for the respondent No. 1. 2. 3 and 4. By filing this writ petition, the petitioner claims payment of an amount of Rs. 16,92,004/- and further an amount being Rs. 7,48,151/- for the contractual works done and executed by the petitioner i.e. immediate measures to M.E. along B/B of Nadia Drainage Channel from Railway Line to its outfall at river Buradia for 2016-17. The respondent No. 7 as per affidavit-in-opposition filed on 02.04.2024 in paragaraph 7 admits that there are two numbers of pending bill of the petitioner amounting to Rs. 16,90,307/- and the other one being Rs. 7,47,418/-. Considering the same and having regard to the fact that it is an admitted amount, this writ petition is disposed of with the direction to the respondent authorities, more particularly, the respondent No. 2, i.e. the Chief Engineer, Water Resource Department, Chandmari, Guwahati-781003, District-Kamrup (Metro), Assam to verify the said bills of the writ petitioner within 4 weeks from the date of receipt of the certified copy of this order.

Upon such verification, if the bills are found to be correct and genuine, the process for payment of the same be initiated immediately and the admitted amount be paid to the writ petitioner within a period of 4 (four) months from Page No.# 4/4 the date of making of the verification. With the above direction, the writ petition is disposed of. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010181562022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o ooooooooooooooooooooooooooooooooooooooooooCaseo:oWP(C)/5878/2022 M/SoP.K.oENTERPRISEoANDoANR. HAVINGoITSoREGISTEREDoOFFICEoAToHOUSEoNO.o21 oBYELANE-o2 oLATAKATA o P.O.oANDoP.S.-oBASISTHA o GUWAHATI-o781029.o DIST.-oKAMRUP(M) oASSAM. 2:oPRADIPoRAJBANGSHI LAWFULoATTORNEY/oAPPOINTEEoOFoM/SoP.K.oENTERPRISE o S/O-oLATEoCHAKRADHARoRAJBANGSHI o R/O-oHOUSEoNO.o21 oBYELANE-o2 oLATAKATA o P.O.oANDoP.S.-oBASISTHA o GUWAHATI-o781029.o DIST.-oKAMRUP(M) oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDo7oORS. REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oWATERoRESOURCESoDEPARTMENT oDISPUR oGUWAHATI-o781006. 2:THEoCHIEFoENGINEER Page No.# 2/4 WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI- 781003 DISTRICT- KAMRUP(M) ASSAM. 3:THE SUPERINTENDING ENGINEER WATER RESOURCES CIRCLE NALBARI CIRCLE ASSAM PIN- 781335. 4:THE EXECUTIVE ENGINEER NALBARI WATER RESOURCES DIVISION NALBARI DISTRICT- NALBARI ASSAM PIN- 781335. 5:THE DISTRICT DEVELOPMENT COMMISSIONER INSPECTING OFFICER DISTRICT- NALBARI PIN- 781335. 6:THE DEPUTY COMMISSIONER NALBARI DISTRICT- NALBARI- 781335. 7:THE REVENUE DEPARTMENT THROUGH THE DISTRICT COMMISSIONER DIST- NALBARI ASSAM- 781335. 8:THE SECRETARY TO THE GOVT. OF ASSM FINANCE DEPTT. DISPUR GHY ASSAM-781006. ------------ Advocate for : MR. B D KONWAR SR. ADV. Advocate for : SC WATER RESOURCE appearing for THE STATE OF ASSAM AND 7 ORS. Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO