Mahananda Hazarika v. The State of Assam and 4 Ors

ORDER

03.04.2024

¶1Heard Mrs. K.K. Choudhury, learned counsel for the petitioners. Also heard Mr. D. Upamanyu, learned counsel appearing on behalf of Mr. K. Gogoi, learned CGC appearing for the respondent no.6 and Ms. A. Lodha learned counsel for the respondent nos. 1-5.

¶2The petitioner's case is that he is a registered contractor with the Water Resources Department, Morigaon. The petitioner was given various work contracts under the Scheme of "R/S to T/dyke Along Both Banks of Kopilli River From Charaihagi to Tuklaitup (L/B), Basundhari to Killing Kopilli Junction (L/B) and Chaparmukh to Ahatguri Amsoi P.W.D. Road (R/B) Including Anti-Erosion Measures at Different Reaches."

¶3Though the petitioner had completed the work contracts and was paid a certain sum of money, the balance amount of Rs.3,36,530/- has not been paid to the petitioner. Page No.# 3/4

¶4The petitioner's counsel submits that the Executive Engineer, Morigaon WR Division, vide letter No. E/125/4/Pt-IV/91 dated 20.04.2022, has furnished the liability statement issuing the outstanding amount liability towards the petitioner, i.e., Rs.3,36,530/-. The petitioner's counsel submits that that the present case is covered by the order dated 27.09.2022 passed by this Court in WP(C) No. 4734/2021 (Nazim Hussain Vs. The State of Assam and 8 Ors.). She accordingly submits that a similar direction, as given in the above case, be issued in this case.

¶5Mr. D. Upamanyu, learned CGC appearing for the respondent No.6 and Ms. A. Lodha, learned counsel for the respondent Nos. 1-5 submit that they have got no objection to the prayer made by the petitioner's counsel.

¶6I have heard the learned counsels for the parties.

¶7This Court, in a series of cases, leading case being WP(C) 4734/2021 (Nazim Hussain -vs-The State of Assam and 8 others), while disposing of the similar matters, had passed the following direction, which are as follows:- "(1) Within 15 (fifteen) days from today, the concerned official of the State Government of Assam will communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority of the Ministry of Jal Shakti, Government of India.

(2) Within 60 (sixty) days from the date of receipt of such communication, the Ministry of Jal Shakti to release the amount due under the schemes to the concerned Department of the Government of Assam.

(3) Upon receipt of the amount, bills of the writ petitioners shall be processed and cleared within a further period of 45 days"

¶8In view of the consent of the parties and in view of the liability statement Page No.# 4/4 attached to the letter No.E/125/4/Pt-IV/91 dated 20.04.2022, issued by the Executive Engineer, Morigaon W.R. Division, this Court is of the view that this writ petition can be disposed of at the motion stage itself.

¶9In view of there being an admission made by the respondent No. 5, the respondent No. 2 is directed to re-verify and thereafter take a decision with regard to whether the amount claimed by the petitioner is as per records. In the event, the respondent No. 2 comes to a decision that the amount claimed is an admitted amount, the direction passed in WP(C)4734/2021, which has been enumerated above, shall be complied with. The respondents shall thereafter complete the entire process, within a period of 5 (five) months from the date of receipt of a copy of this order.

¶10This writ petition is accordingly disposed of

JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010196152023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5228/2023o MAHANANDAoHAZARIKAo S/O-oPREMESWARoHAZARIKA,oVILL.-oGHILANI,oP.O.oGHILANI,oP.S.o KAMPUR,oDIST,oNAGAON,oASSAM,oPIN-o782426. VERSUSo THEoSTATEoOFoASSAMoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM,o WATERoRESOURCESoDEPARTMENT,oDISPUR,oGUWAHATI-6. 2:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPARTMENT oASSAM oBASISTHA oGUWAHATI-29. 3:THEoSUPERINTENDENToENGINEER oWATERoRESOURCESoDEPARTMENToDIVISION oNAGAON-782001. 4:THEoEXECUTIVEoENGINEER oNAGAONoWATERoRESOURCESoDEPARTMENToDIVISION oNAGAON oPIN-o782001. 5:THEoASSISTANToEXECUTIVEoENGINEER oNAGAON oWRoDIVISION oDIVISIONALoOFFICER oPIN-o782001 oASSAM Page No.# 2/4 6:UNION OF INDIA MINISTRY OF JAL SHAKTI E-GOVERNANCE CELL. 6TH FLOOR CABIN SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI-110001 Advocate for the Petitioner : MRS. K K CHOUDHURY Advocate for the Respondent : SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA