Salim Ahmed Mazid v. The State of Assam and 3 Ors

ORDER

22.09.2023 Heard Ms. Toshisenla, learned counsel for the petitioner. Also heard Mr. S. Sarma, learned Standing Counsel, PWD for the respondents.

¶2This writ petition has been filed by the petitioner aggrieved by non-payment of works completed.

¶3The petitioner claims to be a Class-I Civil Contractor and registered with the Assam Public Works Department (Roads), Assam. He was allotted the following works by the Superintending Engineer, PWD, Mangaldai Roads Circle, Darrang, Mangaldai: "1. "Repairs to Dhupguri Khairabari Road" under ASRB for the year 2006-07 at bid price of Rs. 6,12,166.00(Rupees Six lakh twelve thousand one hundred sixty six only)"

¶4In pursuance to which, the petitioner duly executed all the works allotted and submitted his bills. The completion certificate dated 06.08.2018 was also issued by the Execute Engineer, PWD, Udalguri (R&B), Division Udalguri certifying that the works allotted have been duly executed, which is enclosed as Annexure-IX in the writ petition. The bills which were raised remained pending and only a part amount of Rs. 3,00,000/- (Rupees Three Lakhs) was released, whereas the remaining amount of Rs. 3,12,166/- (Rupees Three Lakh Twelve Thousand One Hundred Sixty Six Only) is yet to be released. The petitioner represented before the authority requesting for release of his pending dues but Page No.# 3/4 no response was forthcoming from the respondent authority. Under such circumstances, left with no alternative, the petitioner has come before this Court praying for a direction for release of the said amount.

¶5Having heard the learned counsel for the parties and upon perusal of the pleadings on record, it is seen that there is a completion certificate dated

06.08.2018 issued by the Executive Engineer, PWD, Udalguri (R&B) Division Udalguri in which the work has been shown to be duly completed. The amount paid and the outstanding amount required to be paid is clearly reflected. Details of work executed are also reflected. The said completion certificate is also accompanied by verification report by the Executive Engineer.

¶6Under such circumstances, this Court finds that the works executed and the claims raised by the petitioner are admitted by the department. Therefore it appears that the claims of the petitioner in respect of outstanding dues were kept pending without any justifiable reasons. Accordingly this writ petition is disposed of with a direction to the respondent No. 2, Chief Engineer, PWD, Roads, Assam, to look into the grievances of the petitioner. The Chief Engineer, PWD(Roads), Assam will cause necessary verification into the claims of the writ petitioner to be conducted and thereafter, take steps as expeditiously as possible for release of the outstanding amount claimed to be pending and required to be paid by the Department.

¶7The outstanding dues found if payable after verification will be made to the petitioner will be in terms of the guidelines laid down in Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1,

¶8The entire exercise is directed to be completed within a period of 120 days Page No.# 4/4 from the date of receipt of the certified copy of this order.

¶9Accordingly, the writ petition stands disposed of in terms of the above. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010211882023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5542/2023o SALIMoAHMEDoMAZIDo S/OoLT.oDR.oABDULoMAZID,oR/OoMANGALDAI,oDARRANG,oPIN-784125,o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVTo OFoASSAM,oPUBLICoWORKSoDEPARTMENTo(ROADS),oDISPUR,oGUWAHATI,o PIN-781003,oASSAM 2:THEoGOVT.oOFoASSAM oREPRESENTEDoBYoTHEoCHIEFoENGINEER oPWDoROADS oASSAM oCHANDMARI oGUWAHATI-03 3:THEoSUPERINTENDINGoENGINEER oPWDoMANGALDAIoROADoCIRCLE oASSAM 4:THEoEXECUTIVEoENGINEER oPWD oMANGALDAIoRURALoROADSoDIVSION oASSAo AdvocateoforotheoPetitionerooooo:oMSoTOSHISENLAo AdvocateoforotheoRespondento:oSC,oPWDoROADoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA