Surjya Das v. The State of Assam and 3 Ors

ORDER

21.08.2024

¶1Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Mr. J. Handique, learned counsel for the Revenue Department and Mr. S.R. Baruah, learned counsel for the respondent No.3.

¶2The petitioner's case is that the petitioner had been given the contract work of constructing SPT Bridge No. 1/1:L= 24.00M, which was damaged by flood and more particularly, "FDR to Borguri Amala Pam, Napam Road, SPT Br. No. 1/1 (L=24.00M) under FDR for 2012-2013." The petitioner completed the work on 10.07.2012. However, as no payment for the bill amount of Rs.1,26,470/- was being made by the respondents, the petitioner filed the present writ petition.

¶3The petitioner's counsel submits that as the respondent No.3 in his affidavit has admitted to the completion of the work done by the petitioner amounting to Rs.1,26,470/-, a direction should be issued to the respondent authorities to pay the admitted amount.

¶4Mr. J. Handique, learned counsel for the Revenue Department submits that in terms of the work completion certificate issued by the Deputy Commissioner, Sonitpur, Tezpur, showing that the petitioner is to be paid Rs.1,26,470/-, the respondents would have to pay the same to the petitioner.

¶5Mr. S.R. Baruah, learned counsel for the respondent No.3 submits that as it is admitted by the respondents that the petitioner is liable to be paid Page No.# 3/3 Rs.1,26,470/-, the same would be paid to him, after the proposal sent to the Government for sanction and release of funds is approved by the Government, i.e., the Revenue Department.

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

¶7Para 4 of the affidavit of the respondent No.3 is to the effect that the work completion report pertaining to the petitioner's contract work amounting to Rs.1,26,470/-, had been forwarded to the Addl. Chief Secretary to the Government of Assam, Revenue & Disaster Management Department (Relief & Rehabilitation Branch), Dispur, Guwahati, vide letter No. SLR.54/FDR/2014-15/310 dated 10.08.2016 issued by the Deputy Commissioner, Sonitpur, Tezpur. The letter dated 10.08.2016 appears to indicate that there is government sanction as per government sanction letter No.RGR.9/2013/19 dated 27.02.2013 for Rs.1,30,000/-.

¶8In view of the admission made by the respondents that the petitioner is to be paid the admitted amount of Rs.1,26,470/-, the respondents shall ensure that necessary funds are made available and the admitted amount is paid to the petitioner within a period of 4(four) months from the date of receipt of a certified copy of this order.

¶9The writ petition is accordingly allowed and disposed of. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010218072019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6861/2019o SURJYAoDASo S/O-oSHRIoBHABAoKANTAoDAS,oR/O-oCOTTONoROADoHAZARIKAoCHUK,oP.O. ANDoP.S.oTEZPUR,oDIST-oSONITPUR,oPIN-o784001 VERSUSo THEoSTATEoOFoASSAMoANDo3oORS.o REP.oBYoTHEoADDL.oCHIEFoSECYoTOoTHEoGOVT.oOFoASSAM,oREVENUEoAND DISASTERoMANAGEMENToDEPTT.,o(RELIEFoANDoREHABILITATIONo BRANCH),oDISPUR,oGHY-06 2:CHIEFoENGINEER oPWDoRURALoROADSoDIVISIONoCHANMARI oGHY-3 3:DY.oCOMMISSIONER oSONITPUR oTEZPUR 4:EXECUTIVEoENGINEER oSONITPURoRURALoROADoDIVISION oBISWNATHoCHARIALo AdvocateoforotheoPetitionerooooo:oMRoRoDHAR,oMRoBoCoMUCHAHARYo AdvocateoforotheoRespondento:oGA,oASSAM,oSC,oREVENUEoo oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA