Dinamani Haloi v. The State of Assam and 5 Ors

Order

21.08.2024

Heard Mr. N Haque, learned counsel for the petitioner and Mr. S Bora, learned standing counsel, BTC. It is the case of the petitioner that pursuant to a tender process, a work order was issued in favour of the petitioner by the Block Development Officer, Jalah Development Block, Jalaghat, Baksa for execution of work, namely "Construction of Boundary wall with Land Dev and Heavy Duty Iron Gate at the premises of Rajabali L.P. School at Rajabali" for the year 2018-19. For the aforesaid work, Work Completion Certificate has also been issued but dues amounting to Rs. 34,20,104.00 has not been paid even after repeated representation. At this stage Mr. Bora, learned standing counsel for BTC submits that the matter may be relegated to the competent authority to consider the claim of the petitioner and after verification, if it is found that the amount due is admitted, the authority shall definitely pay such amount within a period of six weeks from the date of verification. The learned counsel for the petitioner submits that the matter may be disposed of as Page No.# 3/3 proposed by Mr Bora. In view of the aforesaid consensus, the present writ petition is disposed of by directing the competent respondent authority to consider the claim of the petitioner for payment of Rs.34,20,104.00 after due verification whether the petitioner is entitled for such payment and if it is found that such amount is due, the payment be made within six weeks from the date of determination. The determination be made within six weeks from the date of receipt of a certified copy of this order to be furnished by the petitioner before the competent respondent authority. The petitioner shall be at liberty to file a fresh representation along with a copy of this order. This disposes of the writ petition.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010230912023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6125/2023o DINAMANIoHALOIo S/OoSRIoRAJENDRAoNATHoHALOI,oR/OoVILL-BIHAMPUR,oP.O.-BIHAMPUR,o P.S.-BELSOR,oDIST-oNALBARI,oASSAM VERSUSo THEoSTATEoOFoASSAMoANDo5oORS.o TOoBEoREPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oPANCHAYAToANDoRURALoDEVELOPMENTo DEPARTMENT,oDISPUR,oGUWAHATI-6 2:THEoPRINCIPALoSECRETARY oBTC oKOKRAJHAR oP.O.oANDoDIST-KOKRAJHAR oASSAM oPIN-783370 3:THEoDIRECTOR oPANCHAYAToANDoRURALoDEVELOPMENT oBTC oKOKRAJHAR oPIN-783370 4:THEoBLOCKoDEVELOPMENToOFFICER oJALAHoDEVELOPMENToBLOCK oP.O.-JALAGHAT oDIST-BAKSA oASSAM oPIN-781327 5:THEoCIRCLEoOFFICER Page No.# 2/3 JALAH REVENUE CIRCLE JALAGHAT BAKSA ASSAM PIN-781327 6:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : DR. B AHMED, MR K UDDIN,MR. N HAQUE,MR. A K AZAD,MR M HUSSAIN Advocate for the Respondent : SC, P AND R.D., SC, BTC,SC, FINANCE BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY