Sadharam Dewri v. Tiwa Autonomous Council and Anr

ORDER

29.04.2024 Heard Mr. N.J. Khataniar, learned counsel for the petitioners in all the writ petitions. Also heard Mr. R.R. Gogoi, learned counsel appearing on behalf of Mr. S. Neogi, learned counsel for all the respondents in all the writ petitions.

¶2All these writ petitions are being disposed of by this common order, inasmuch as, the facts in all the cases pertain to non-payment of admitted dues for development/contract works carried out by the petitioners. The contract works that have been allotted to the writ petitioners and the dues claimed and the amount paid are as follows-Page No.# 6/8 Sl. No. WP(C) No. Name of contract work Total

Amount (in rupees) Balance Amount (in rupees) WP(C) 7640/2022 Development by earth filling at Ulukuchi Playground Rs.5,00,000/- Rs.2,00,000/- WP(C) 6483/2022 Construction of Monikut & Sankari Vikash Kendra at Patidaya

Borsimaluguri Borkhel Rs.5,00,000/-Rs.2,00,000/-WP(C) 7631/2022 Construction of road from Ramen Dewri house to Jogen Bordoloi house at Nizarapar Rs.10,00,000/-Rs.4,00,000/-WP(C) 7638/2022 Construction of Sankari Kristi Chora at Tikhabori Rs.5,00,000/-Rs.2,00,000/-WP(C) 7646/2022 Construction of Borghar Chora at Konwargaon Rs.5,00,000/-Rs.2,00,000/-WP(C) 7663/2022 Construction of Shiva Than at Bhomuraguri Rs.5,00,000/-Rs.2,00,000/-

¶3The petitioners' counsel submits that as it is admitted that all the petitioners are liable to receive Rs.2 lakhs each, except for the petitioner in WP(C) No. 7631/2022, who is to receive Rs.4 lakhs, the respondents should be directed to pay the same within a specified time period.

¶4Mr. R.R. Gogoi, learned counsel appearing for the respondents submits Page No.# 7/8 that the claims of the present writ petitioners have been verified and inspected by the APO (Technical), Tiwa Autonomous Council, Morigaon, Assam and also by the Executive Engineer, PWD Morigaon District, Territorial Building Division and it has been found that the petitioners have successfully completed the same. He submits that the payments to the petitioners could not be made in full as there were pending litigations. However, once re-verification is done, the admitted amount can be paid to the petitioners.

¶5I have heard the learned counsels for the parties.

¶6Para 9 of the affidavit-in-opposition filed by the respondent No.2 states as follows- "That with regard to the statements made in paragraphs 10, 11 and 12 of the writ petition, the deponent humbly begs to state that altogether 250 nos. of works/schemes were allotted through the Construction Committees by the TAC for the year 2017-2018. All these 250 nos. of works have been completed by the respective Construction Committees and bills were submitted. In fact, part payments have already been made against all these 250 nos. of works. However, the remaining payment could not be made due to institution of various litigations as regards award of contract through Construction Committee However, 92 nos. of Construction Committees have preferred writ petitions before this Hon'ble Court for releasing their balance outstanding amount. This Hon'ble Court was pleased to dispose of those writ petitions directing the TAC to verify the claim of those petitioners and if they are found to be entitled, directed to make them the balance payment. Accordingly, as per the direction this Hon'ble Court, the claims of those 92 Construction Committees were verified and accordingly, payments were made to them. In fact, the/claims of some of the construction committees have already been verified and payment have also been released to them in pursuance of the direction passed by this Hon'ble Court in different writ proceedings. In respect of the present petitioner, it is stated that the claim of the petitioner has also been verified and inspected by the A.P.O. (technical), Tiwa Autonomous Council, Morigaon (Assam) and also by Executive Engineer, PWD Morigaon District, Territorial Building Division. It has been found that the petitioner has successfully completed the said work." Page No.# 8/8

¶7The above Para 9 of the affidavit-in-opposition filed by the respondent No.2 clearly shows that the petitioners have successfully completed the contract works allotted to them. The averments made in the writ petitions by the petitioners, to the effect that the respondents have not paid them the balance amount of Rs.2 lakhs each, except for the petitioner in WP(C) No.7631/2022 who is to be paid Rs.4 lakhs, is not denied by the respondents in their affidavit-in-opposition. The Supreme Court in the case of Naseem Bano Vs. State of U.P and Others, reported in 1993 Suppl. (4) SCC 46, has held that averments are deemed to be admitted, if not controverted. In view of the law laid down by the Supreme Court, as stated above, the respondents have admitted their liability for payment of the balance amount, as provided in the chart shown in Para 2 of this order. Be that as it may, the State respondents, especially, the respondent Nos. 1 & 2 are directed to re-verify the outstanding amount payable to the petitioners, within a period of 1(one) month from the date of receipt of a certified copy of this order and pay the admitted amount within a further period of 1(one) month.

¶8The writ petitions are accordingly disposed of.

JUDGE Comparing Assistant

Page No.# 1/8 GAHC010242212022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7640/2022 JINARAM PATAR S/O- LT. JAMESWAR PATAR, R/O- VILL- NELLIE, P.O. MORIGAON, DIST.- MORIGAON, ASSAM, PIN- 782105 MORIGAON, DIST.- MORIGAON, PIN- 782105, ASSAM, REP. BY THE PRINCIPAL SECRETARY ASSA Advocate for the Petitioner : MR. N J KHATANIAR Advocate for the Respondent : SC, TIWA AUTONOMOUS COUNCIL Linked Case : WP(C)/7646/2022 RAJIB BORDOLOI S/O- BULAN BORDOLOI R/O- VILL- KONWARGAON Page No.# 2/8 P.O. MANAHA REP. BY THE PRINCIPAL SECRETARY Linked Case : WP(C)/7663/2022 MONIRAM DARPHANG S/O LATE SUKMAL DARPHANG R/O VILL- BHOMURAGURI P.O.-JAGIROAD DIST- MORIGAON PIN-782105 Page No.# 3/8 REPRESENTED BY THE PRINCIPAL SECRETARY DIST- MORIGAON PIN-782105 Linked Case : WP(C)/7631/2022 LIPSING BORDOLOI S/O. LT. MANSING BORDOLOI R/O. VILL. KHOLAGAON P.O. KHOLAGAON DIST. MORIGAON PIN-782105. DIST. MORIGAON PIN-782105 REP. BY THE PRINCIPAL SECRETARY. DIST. MORIGAON PIN-782105 ASSAM. Page No.# 4/8 Linked Case : WP(C)/6483/2022 KISHOR KR PATAR S/O- LATE JUGEN PATAR R/O- VILLAGE AND P.O- PATIDIYA DIST- MORIGAON PIN-782105 REP. BY THE PRINCIPAL SECRETARY 2:THE PRINCIPAL SECRETARYV DIST- MORIGAON PIN-782105 Linked Case : WP(C)/7638/2022 SADHARAM DEWRI S/O- LT. AMERIKA DEWRI R/O- VILL- TIKHABORI P.O. GHAGUA Page No.# 5/8 REP. BY THE PRINCIPAL SECRETARY BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA