Amarjit Medhi v. The Guwahati Municipal Corporation and 3 Ors

ORDER 10-02-2023 Heard Mr. D. Gogoi, learned counsel for the petitioner. Also heard Mr. S. Bora, learned standing counsel, GMC, appearing on behalf of respondents.

¶2This writ petition is filed by the petitioner seeking directions from this Court for release of payments in respect of works executed by the petitioner under the Guwhati Municipal Corporation.

¶3The Petitioner, by order dated 24-02-2021, was directed to undertake the work for construction of Madhab Kandali Path, Sankarpur with both side drain under the award of 14th Finance Commission for the financial year 2019-20 during the financial year 2020-21, by the respondent No. 2, Commissioner, Guwahati Municipal Corporation, Assam, as the bid of the petitioner was found successful.

¶4The petitioner, thereafter, proceeded with the work in accordance with the Annexure-B to the writ petition (Issue of Notice to proceed with work), dated 24-02-2021, issued by the Commissioner, Guwahati Municipal Corporation.

¶5After completion of the aforesaid work within the stipulated to the full satisfaction of the respondents, the petitioner raised bill but the respondent authorities have not cleared the said bill of the petitioner. Page No.# 3/4

¶6According to the petitioner the outstanding bill to be paid by the respondent authorities in respect of the said work amounts to Rs.41,10,000/-. Although assurances were given to the petitioner, the outstanding amount has not been released till date. Being aggrieved, the present writ petition has been filed seeking appropriate directions from this Court.

¶7The learned counsel appearing for the Guwahati Municipal Corporation submits that the claims of the petitioner are required to be verified by the Department and if found payable it can be released subject to availability of funds.

¶8Having heard the learned counsels for the parties, this Court is of the view that the matter can be disposed of in terms of the directions contained in Tamsher Ali and Ors Vs. State of Assam and Ors., reported in 2008 (4) GLT 1, by directing the respondent authorities, more particularly, respondents No. 2, namely, the Commissioner, Guwahati Municipal Corporation, to verify the claims of the petitioner and if the claims are found to be genuine then the amount raised in the bills shall be released. While releasing such outstanding amounts, the Department will make necessary adjustments in respect of earlier amounts that might have been released.

¶9The entire exercise of verification of the claims of the petitioner shall be completed within a period of 90 (Ninety) days from the date of receipt of the certified copy of this order Page No.# 4/4

¶10The writ petition is closed and disposed of in terms of the above. JUDGE Comparing Assistant

Page No.# 1/4 GAHC010202032022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6511/2022 AMARJIT MEDHI S/O- LT. PARESH CH. MEDHI, R/O- NEAR DURGA MANDIR, P.O. AND P.S. FATASHIL AMBARI, GHY, DIST.- KAMRUP (M), PIN- 781025, ASSAM VERSUS THE GUWAHATI MUNICIPAL CORPORATION AND 3 ORS REP. HEREIN BY ITS COMMISSIONER, PANBAZAR, GHY, ASSAM- 781001 2:THE COMMISSIONER THE GUWAHATI MUNICIPAL CORPORATION PANBAZAR GHY ASSAM- 781001 3:THE CHIEF ENGINEER THE GUWAHATI MUNICIPAL CORPORATION PANBAZAR GHY ASSAM- 781001 4:THE DIVISIONAL EXECUTIVE ENGINEER DIVISION NO. IV THE GUWAHATI MUNICIPAL CORPORATION BHARALU GHY ASSAM- 78100 Advocate for the Petitioner : MR. D GOGOI Advocate for the Respondent : SC, GMC Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA