Jatin Bora v. Tiwa Autonomous Council and Anr

O R D E R

28.06.2023

Heard Mr. N. J. Khataniar, the learned counsel for the petitioner and Mr. S. Neogi, the learned counsel appearing on behalf of the Tiwa Autonomous Council and its officials.

¶2The instant writ petition is filed by the petitioner challenging the inaction on the part of the respondent authorities in releasing the dues to which the petitioner is entitled to upon completion of the work allotted to him by the Construction Committee of the respondent Tiwa Autonomous Council.

¶3The case of the petitioner herein is that the petitioner was allotted the work "Construction of boundary wall at Killing Paria High School at Palahguri". The value of the work was Rs.10,00,000/-. Out of Rs.10,00,000/-, an amount of Rs.6,00,000/- was released as first installment. The remaining amount would be released subject to production of M.B. vouchers, utilization certificate, completion certificate and one photograph before start of the scheme, one photograph during the work and one photograph after completion of the scheme with signboard duly signed by the President and the Member Secretary of Tiwa Autonomous Council.

¶4It is alleged that on completion of the work in a time bound manner, the petitioner submitted the final bill for release of the final installment Page No.# 3/4 accompanied by the utilization certificate, photographs of the work as well as with the inspection report of the concerned Junior Engineer. The petitioner is, however, aggrieved that in spite of submission of the necessary documents and completion of the work, the respondent authorities have not made payment to the petitioner's entitlement. It is under such circumstances, the instant writ petition has been filed.

¶5Mr. S. Neogi, the learned counsel appearing on behalf of the respondents submits that the Construction Committee of Tiwa Autonomous Council is authorized to allot construction works upto an amount of Rs.10,00,000/-. There is no denial to the fact that the work in question was not allotted to the petitioner. The learned counsel for the respondents, however, submits that the entitlement of the petitioner would be dependent upon further verification to be carried out by the respondent authorities. Upon perusal of the materials on record, this Court is of the opinion that if the petitioner had completed the work in question, the petitioner would be entitled to the amount as claimed. However, for the same, verification on the part of the respondent authorities would be required.

¶6This Court, therefore, disposes of the instant writ petition with a direction upon the respondent authorities to verify as to whether the petitioner had completed the work in question as per the allotment of the work and also as to whether the petitioner had submitted requisite documents which are required for the purpose of releasing the amount claimed by the petitioner.

¶7This Court further directs that upon verification, if it is found that the petitioner is entitled to, the respondent authorities shall pay to the Page No.# 4/4 petitioner the entitlement to the extent of the work completed by the petitioner.

¶8The said exercise be completed with a period of 6 (six) months from the date a certified copy of the instant order is served upon the respondent No.2.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010239032022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o o oooooooooooooooooooooooooooooooooooooooooooCaseoNo.o:oWP(C)/7723/2022 JATINoBORA S/O-oPARASURAMoBORA oR/O-oVILL-o2oNO.oMORAKOLONG oP.O.oMORIGAON oDIST.-oMORIGAON oASSAM oPIN-o782105 oVERSUS TIWAoAUTONOMOUSoCOUNCILoANDoANR MORIGAON oDIST.-oMORIGAON oPIN-o782105 oASSAM oREP.oBYoTHEoPRINCIPALoSECRETARY 2:THEoPRINCIPALoSECRETARY TIWAoAUTONOMOUSoCOUNCIL oMORIGAON oDIST.-oMORIGAON oPIN-o782105 oASSAM o------------ oAdvocateoforo:oMR.oNoJoKHATANIAR Advocateoforo:oSC oTIWAoAUTONOMOUSoCOUNCILoappearingoforoTIWAoAUTONOMOUSoCOUNCILo ANDoANR oooooooooooooooooooooooooooooooooooooooooooooooooooooooooooo ooooooooooooooooooooooooooo Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH