Mustafa Moinul Passa v. The State of Assam and 2 Ors

ORDER Date : 22.11.2024

Heard Mr. S.P. Das, the learned counsel appearing on behalf of the petitioners in the instant batch of writ petitions. Mr. S. Bora, the learned Standing Counsel appears on behalf of the Guwahati Municipal Corporation.

¶2The instant batch of 3(three) writ petitions are taken up together for disposal, taking into account that the facts in respect to the 3(three) writ petitions are similar.

¶3The petitioner in WP(C) No. 5882/2024, was granted a contract for cleaning, desilting and maintenance of all city drains in Guwahati city for the year 2020-21, Package No. C & D/25 at a contract price Rs. 1,87,45,960/- (Rupees One Crore Eighty Seven Lakh Forty Five Thousand Nine Hundred Sixty).

¶4The petitioner in WP(C) No. 5918/2024, was granted a contract for cleaning, desilting and maintenance of all city drains in Guwahati city for the year 2020-21, Package No. Package No. C & D/41 at a contract price Rs. Page No.# 5/6 93,24,575.10/- (Rupees Ninety Three Lakhs Twenty Four Thousand Five Hundred Seventy Five & Ten Paisa).

¶5The petitioner in WP(C) No. 5890/2024, was granted a contract for cleaning, desilting and maintenance of all city drains in Guwahati city for the year 2020-21, Package No. Package No. C & D/57 at a contract price Rs. 1,29,77,376.30/- (Rupees One Crore Twenty Nine Lakhs Seventy Seven Thousand Three Hundred Seventy Six and Thirty Paisa).

¶6The records reveals that the contracts of the 3(three) petitioners were terminated on 12.06.2021 vide separate communications and it was also mentioned in those communications that the executed quantity of work as on

12.06.2021 would be measured within a short time by the concerned Divisional Engineer in presence of the 3rd party monitoring agency engaged by the GMC.

¶7This Court upon filing of these writ petitions had issued notice on

18.11.2024, seeking instructions from the GMC as to whether physical measurements were carried out upon termination and as to what amount the petitioners will be entitled to.

¶8Mr. S. Bora, the learned Standing Counsel of the GMC submitted that immediately upon termination of the contracts of the petitioners vide separate communications dated 12.06.2021, physical measurements of the works executed by the petitioners were carried out. These physical measurements which were carried out is now being verified by a Verification Committee to ascertain the exact amount to which the petitioners are entitled to and upon such verification being carried out, the petitioners would be made their payments.

¶9This Court further enquired with Mr. S. Bora, the learned Standing Counsel, Page No.# 6/6 GMC as to how much time would be required taking into account that the physical measurements were carried out in the year 2021. He submitted that within a period of 3(three) months from today, the verifications as regards the entitlement of the petitioners would be carried out and the payment would be disbursed.

¶10In view of the submission made by the Standing Counsel of the GMC, this Court disposes of the instant 3(three) writ petitions, thereby directing the GMC to carry out the verifications, as regards the entitlements of each of the petitioners and upon verification, if it is found that the petitioners are entitled to any amount, the payments be disbursed.

¶11This Court further directs the respondent Nos. 2 and 3, specifically, to carry out the said exercise within a period of 3(three) months from the date of service of a certified copy of this order.

¶12It is further observed that while carrying out the said verification, the Verifying Authority shall also duly take note of that the performance guarantee so submitted by the petitioners have not yet been released.

¶13With the above observations and directions, the instant 3 (three) writ petitions stands disposed of. JUDGE Comparing Assistant

PageoNo.#o1/6 GAHC010233092024 ooooooo undefined ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5882/2024o MUSTAFAoMOINULoPASSAo @oPACKAGEoNO.o(CoANDoD/25),oSONoOFoLT.oMOBARAKoALI,oRESIDENToOFo RUPNAGARoHOUSEFEDoCOMPLEX,oBLOCKoB,oFLAToNO.o602,oP.O.-o INDRAPUR,oP.S.oBHANGAGARH,oGUWAHATI-o781032,oDIST-oKAMRUPo(M),o ASSAM VERSUSo THEoSTATEoOFoASSAMoANDo2oORSo REPRESENTEDoBYoITSoCOMMISSIONERoANDoSECRETARY,oGUWAHATIo DEVELOPMENToDEPARTMENT,o4THoFLOOR,oBLOCK-D,oASSAMo SACHIVALAYA,oDISPUR,oGUWAHATI-o781006 2:GUWAHATIoMUNICIPALoCORPORATION oREPRESENTEDoBYoITSoCOMMISSIONER oBHANGAGHAR oGMDAoBUILDING oGUWAHATI-o781005 3:THEoCOMMISSIONER oGUWAHATIoMUNICIPALoCORPORATION oBHANGAGHAR oGMDAoBUILDING oGUWAHATI-o78100o oLinkedoCaseo:oWP(C)/5918/2024 PageoNo.#o2/6 M/SoCZARoTECHNOLOGIES PACKAGEoNO.o(CoANDoD/41) o REPRESENTEDoBYoONEoOFoITSoPARTNERoSHRIoPRANJALoGOHAIN o AGEDoABOUTo47oYEARS o SONoOFoLT.oTARUNoCHANDRAoGOHAIN o RESIDENToOFoHOUSEoNO.o49 oSURVEY o AJANTAoPATH oBYEoLANEoNO.o1 oBELTOLA o P.O.-oBELTOLA oP.S.-oHATIGAON oGUWAHATI-o781028 o DIST.-oKAMRUP(M) oASSAM. oVERSUS THEoSTATEoOFoASSAMoANDo2oORS REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARY o GUWAHATIoDEVELOPMENToDEPARTMENT o 4THoFLOOR oBLOCK-D oASSAMoSACHIVALAYA o DISPUR oGUWAHATI-o781006. 2:GUWAHATIoMUNICIPALoCORPORATION REPRESENTEDoBYoITSoCOMMISSIONER o oGMDAoBUILDING oGUWAHATI-o781005. o3:THEoCOMMISSIONER oGUWAHTIoMUNICIPALoCORPORATION Page No.# 3/6 GMDA BUILDING GUWAHATI- 781005. ------------ Advocate for : MR S P DAS Advocate for : SC GMC appearing for THE STATE OF ASSAM AND 2 ORS Linked Case : WP(C)/5890/2024 PARAG JYOTI GOGOI ALIAS PACKAGE NO. (C AND D/57) SON OF LT. PRADIP KR. GOGOI RESIDENT OF H. NO. 26 RUKMINI NAGAR RANGAMANCHA PATH WIRELESS GUWAHATI- 781006 DIST.- KAMRUP(M) ASSAM. VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY GUWAHATI DEVELOPMENT DEPARTMENT 4TH FLOOR BLOCK-D ASSAM SACHIVALAYA DISPUR GUWAHATI- 781006. 2:GUWAHATI MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER GMDA BUILDING GUWAHATI- 781005. Page No.# 4/6 3:THE COMMISSIONER GUWAHATI MUNICIPAL CORPORATION GMDA BUILDING GUWAHATI- 781005. ------------ For the Petitioner(s) : Mr. S.P. Das, Advocate Mr. A. Deka, Advocate Mr. S. Baishya, Advocate For the Respondent(s) : Mr. S. Bora, GMC BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH