Aagrah (Non Govt. Organisation) v. The State of Assam and 3 Ors

ORDER

24.07.2024 Heard R.P. Sarmah, learned Sr. Counsel for the petitioner assisted by Ms. A. Deka. Also heard Ms. U. Das, learned counsel for the respondent Nos. 1 & 2 and Mr. A.K. Gupta, learned counsel for the respondent Nos. 3 & 4.

¶2The case of the petitioner is that the petitioner was entrusted to execute the work namely " Implementation of Door to Door Collection with Segregation, Awareness Raising, Processing of Organic Waste in a Decentralized Manner and in Compliance with Management of Solid Wastes (MSW) Rules, 2016 and Dumping of Rejects at the Dumpsite/Landfill Site on Behalf of Dibrugarh Municipal Board." The petitioner having completed the work, submitted his bills amounting to Rs.40,90,235/-. However, only an amount of Rs.10,01,269/- had been paid to the petitioner, leaving a balance amount of Rs.30,88,971/-. The petitioner's grievance is that the petitioner has not been given the balance amount till date.

¶3The counsel for the respondent Nos. 3 & 4 submits that as the writ petitioner had failed to satisfactorily execute the work, no extension was given to the petitioner for the work in question beyond 6 months. The petitioner was paid Rs.10,01,629/- and he is not entitled to any other payment beyond Rs.10,01,629/-. Page No.# 3/3

¶4I have heard the learned counsels for the parties.

¶5As per the stand taken by the respondent No.3 in the affidavit-in-opposition filed on 22.05.2024, the petitioner is not entitled to any payment beyond Rs.10,01,629/-. However, as the petitioner had made a claim for an outstanding amount of Rs.30,88,971/-, this Court is of the view that evidence would have to be adduced by the petitioner for his claim for the outstanding liability. This Court is accordingly of the view that the petitioner would have to approach the Civil Court for the said purpose.

¶6In view of the reasons stated above, the writ petition is dismissed, as this Court is not equipped to decide disputed questions of fact. The petitioner is, however, given liberty to approach the appropriate forum for redressal of his grievance.

¶7The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010189762020 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5735/2020o AAGRAHo(NONoGOVT.oORGANISATION)o JOYMOTIoPATH,oCHIRANGoCHAPORI,oDIBRUGARH,oP.O.oANDoDIST- DIBRUGARH,oASSAM,oPIN-786001o(REPRESENTEDoBYoITSoSECRETARY,oSRIo PARAGoJYOTIoBARUAH,oAGEDoABOUTo54oYEARS,oS/OoKAMALAoKANTAo BARUAH,oR/OoVILL-NATUNoGAON,oP.O.-MOHANAGHAR,oDIST- DIBRUGARH,oASSAM,oPIN-786008) VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REPRESENTEDoBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o URBANoDEVELOPMENToDEPARTMENT,oJANATAoBHAWAN,oDISPUR,o GUWAHATI-6,oASSAM 2:THEoDIRECTOR oMUNICIPALoADMINISTRATION oDIRECTORATEoOFoMUNICIPALoADMINISTRATION oASSAM oDISPUR oGUWAHATI-6 3:DIBRUGARHoMUNICIPALoBOARD oDIBRUGARH oP.O.oANDoDIST-DIBRUGARH oASSAM oPIN-786001o(REPRESENTEDoBYoITSoCHAIRPERSON) 4:THEoEXECUTIVEoOFFICER oDIBRUGARHoMUNICIPALoBAORD oP.O.oANDoDIST-DIBRUGARH oPIN-78600o Page No.# 2/3 Advocate for the Petitioner : DR. B AHMED Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA