Sanjoy Kumar Deshmukh v. The State of Assam and 6 Ors

ORDER

22.03.2024

¶1No one appears for the petitioner on call. Ms. A. Lodha, learned counsel appears for the respondent nos.1, 2, 4, 5, 6 & 7, while Ms. R.M. Barua, learned counsel appears for the respondent no.3.

¶2The matter pertains to non-payment of contractual bills. As per paragraph-5 of the affidavit-in-opposition filed by the respondent no.4, i.e. the Chief Engineer, Water Resources Department, only an amount of Rs.12,274/- is payable to the petitioner. Paragraph-5 of the vit-in-opposition filed by the respondent no.4 states as follows : "5. That your deponent categorically denies the correctness of the statements made in paragraphs 6 and 7 to the writ petition. It is categorically stated that out of total billed amount of Rs.5,67,274/- against 4 works and an amount of Rs.5,55,000/- has already been paid to the petitioner leaving only an meager amount of Rs.12,274/- payable to him."

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¶3Ms. A. Lodha has submitted letter no.PN.80/CPC/2013-14/97 dated

03.05.2023 issued by the Executive Engineer, Karimganj W.R. Division, Karimganj to the Chief Engineer (Legal Cell) Water Resources Department stating that the balance amount payable to the petitioner is Rs.12,274/-.

¶4In view of the above, the respondents should pay the said admitted amount of Rs.12,274/- to the petitioner within a period of 1 (one) month from today.

¶5As the petitioner has been absent on the last date also, this Court is not going further into the issue.

¶6The writ petition is accordingly dismissed for non-prosecution.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010217622018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6830/2018o SANJOYoKUMARoDESHMUKHo S/O-oLToSUSHIToKUMARoDESHMUKHA,oR/O-oC/O-oDEBABRATAo BHATTACHARJEE,oROYNAGAR,oWARDoNOo25,oP.O.oKARIMGANJ,oDIST-o KARIMGANJ,oPIN-o788711,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo6oORS.o REP.oBYoTHEoSECY.oTOoTHEoGOVT.oOFoASSAM,oWATERoRESOURCESoDEPTT., DISPUR,oGHY-6,oASSAM 2:SECRETARY oTOoTHEoGOVT.oOFoASSAM oWATERoRESOURCESoDEPTT. oDISPUR oGHY-6 oASSAM 3:THEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM oFINANCEoDEPTT. oDISPUR oGHY-6 4:THEoCHIEFoENGINEER oWATERoRESOURCESoDEPTT. oASSAM oCHANDMARI oGHY-3 5:THEoSUPERINTENDINGoENGINEER oHAILAKANDIoW.oR.oCIRCLE oHAILAKANDI Page No.# 2/3 6:THE EXECUTIVE ENGINEER KARIMGANJ W.R. DEPTT. KARIMGANJ 7:THE ASSTT. EXECUTIVE ENGINEER W.R.SUB DIVISION KARIMGAN Advocate for the Petitioner : MR. D J BARMAN Advocate for the Respondent : SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA