Hareswar Kalita and Anr v. The State of Assam and 6 Ors

ORDER Date : 19.06.2023 Heard Mr. K.I. Mazumder, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned standing counsel for the PHE Department.

¶2The petitioners project themselves to be the President and Secretary of a registered NGO under the name of Sunali Udyog Samittee.

¶3The petitioners were given work orders to carry out work relating to construction of "Individual Household Latrine" under "Total Sanitation Campaign Scheme (TSC) at Thaisupar Gaon Panchayat and Derapathar Gaon Panchayat". On completion of the work, bills for the amount of Rs.7,54,800/- (Rupees seven lakh fifty four thousand eight hundred only) was made against the 4 numbers of work orders. However, as no money has been paid to the petitioners, accordingly, the present writ petition has been filed under Article 226 of the Constitution of India claiming principal amount as well as 18% interest per annum.

¶4In this case, notice of motion was issued by order dated 23.09.2022. However, till date, no affidavit-in-opposition has been filed. The learned standing counsel for the PHE Department has submitted that he has received instruction, whereby the respondent authorities have not disputed the claim of the petitioners and it is submitted that requisition has already been made before the Chief Engineer, PHE to provide fund, which is still awaited.

¶5Having noted that the work done by the petitioner is not in dispute, neither the respondents are disputing the quantum of the unpaid bill claimed by Page No.# 4/4 the petitioners, under such circumstances, by invoking the doctrine of non traverse, the Court is inclined to hold that the respondent authorities have admitted the claim of the petitioners towards the unpaid bills.

¶6Accordingly, the Court is inclined to allow this writ petition by directing the Chief Engineer, PHE (respondent no.2) to have the claim of the petitioners enquired through the competent officers under him and if payment is found due, to release the same.

¶7The entire exercise of enquiry and release of payment due to the petitioners be made within an outer period of 3 (three) months from the date on which certified copy of this order is produced before the respondent no.2.

¶8Writ petition stands allowed to the extent as indicated above.

¶9Parties are left to bear their own cost. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010190792022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo:oWP(C)/6216/2022 HARESWARoKALITAoANDoANR (oPRESIDENToOFoSUNALIoUDYOGoSAMITTEE) o S/O-oSRIoNUMALoKALITA o R/O-oNO.o2oKAKIoMORIKALONG o P.O.-oSANKARPUR o P.S.-oKAKI o DISTRICT-oHOJAI oASSAM o PIN-o782446. 2:oHIRANYAoBORA (SECRETARYoOFoSUNALIoUDYOGoSAMITTEE) o S/O-oPRABHAToCHANDRAoBORA oR/O-oNO.o2oKAKIoMORIKALONG oP.O.-oSANKARPUR oP.S.-oKAKI oDISTRICT-oHOJAI oASSAM oPIN-o782446. oVERSUS THEoSTATEoOFoASSAMoANDo6oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM oPUBLICoHEALTHoENGINEERINGoDEPARTMENT oDISPUR Page No.# 2/4 GUWAHATI-6 ASSAM. 2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI ASSAM GUWAHATI-36. 3:THE MEMBER SECRETARY D.W.S.C.- CUM- EXECUTIVE ENGINEER (PHE) NAGAON DIVISION ASSAM PIN- 782001. 4:THE MEMBER SECRETARY D.W.S.C.- CUM- EXECUTIVE ENGINEER (PHE) HOJAI DIVISION DISTRICT- HOJAI ASSAM PIN- 782435. 5:THE MEMBER SECRETARY A.P.W.S.C.- CUM- ASSISTANT EXECUTIVE ENGINEER (PHE) LUMDING SUB-DIVISION DISTRICT- HOJAI ASSAM PIN- 782447. 6:THE MEMBER SECRETARY G.W.S.C.- CUM- SECTION OFFICER (PHE) I/C KAKI / LUMDING SECTION DISTRICT- HOJAI ASSAM PIN- 782446. 7:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-6 ASSAM ------------ Advocate for : MR. K I MAZUMDER Advocate for : SC P H E appearing for THE STATE OF ASSAM AND 6 ORS Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA