Dhiraj Daimari v. Bodoland Territorial Council and 4 Ors

ORDER Date : 12.02.2024

¶1The instant writ petition has been filed by the petitioner being aggrieved by the inaction on the part of the respondent authorities in not making payment to the petitioner an amount of Rs.99,99,053/-. Under such circumstances, the petitioner has sought for the said amount along with the interest @ 18% per annum.

¶2The record reveals that pursuant to the notice, the respondent no.5 has filed an affidavit-in-opposition wherein in paragraph no.4 it has been duly mentioned that in respect to the construction Panery College approach road in Udalguri (R&B) Division, out of the total amount of Rs.49,99,115/-, the petitioner have already been paid Rs.48,49,950/- and the remaining balance is Rs.1,49,988/-. It was also mentioned that in respect to the construction of road Kalsipar to Panery College in Udalguri (R.R.) Division, out of the total amount of Rs.49,99,115/-, the petitioner have already been paid Rs.39,99,292/- and the remaining balance is Rs.9,99,823/-.

¶3Taking into account above stand, it is the opinion of this Court that as the above stand is only taken by the respondent no.5 in its affidavit, further verification would be required as regards the petitioner's entitlement. It is opinion of the Court that if the petitioner is entitled to any balance amount, the same is required to be paid. Therefore, this Court directs the Secretary, BTC, Page No.# 3/3 Kokrajhar either by himself or through his delegatee verify as to whether the petitioner is entitled to any further amount in respect to the contracts in question. It is further observed and directed that on such verification if it is found that the petitioner is entitled to any amount, the same be paid to the petitioner.

¶4The said exercise be completed within the period of 4(four) months from the date a certified copy of instant order is served on the Secretary, BTC, Kokrajhar.

¶5This writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010261932018 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8403/2018o DHIRAJoDAIMARIo S/O-oLToKANTIoDAIMARI,oR/O-oVILL-oALIKASHoAMBAGAON,oP.O.o AMBAGAONoANDoP.S.oHARISINGA,oDIST-oUDALGURI VERSUSo BODOLANDoTERRITORIALoCOUNCILoANDo4oORS.o REP.oBYoTHEoPRINCIPALoSECY.,oKOKRAJHAR,oPIN-o783370 2:THEoSECRETARY oKOKRAJHAR oPIN-o783370 3:THEoCHIEFoENGINEER oPWDo(ROADS) oASSAM oCHANDMARI oGHY-o3 4:ADDL.oCHIEFoENGINEER-CUM-DIRECTOR oPWD oBODOLANDoTERRITORIALoCOUNCIL oKOKRAJHAR oPIN-o783370 5:THEoEXECUTIVEoENGINEER oPWD oUDALGURIoRURALoROADoDIVISION oUDALGURI oPIN-o78337o Page No.# 2/3 Advocate for the Petitioner : MR. S K DAS Advocate for the Respondent : SC, BTC BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH