Rofiqul Islam v. The State of Assam and 4 Ors

ORDER Date : 17.07.2024 Heard Mr. H. R. Ahmed, the learned counsel appearing on behalf of the Petitioner and Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the Respondents.

¶2The case of the Petitioner herein is that the Petitioner is aggrieved by the inaction on the part of the Respondent Authorities in not making payment of the bills of the Petitioner. The case of the Petitioner herein is that the Petitioner is a contractor by profession and was allotted some work by the Respondent Authorities namely (i) Dismantling of GCI Sheets and RCC works of CHC Bldg. including staff Qr. (GR.III) at South Salmara, Tumni vide work order dated 14.11.2002 issued by the Respondent No.4 for an amount of Rs.49,283/- and (ii) Carriage charges by Shallow and Country Boat of Salvage Materials after erosion by the river Brahmaputra to the CHC Bldgs at South Salmara vide work order dated 14.11.2002 issued by the respondent No.4 for an amount of Rs.21,400/- thereby totaling to Rs.70,683/-. Page No.# 3/4

¶3It is the case of the Petitioner that the Petitioner successfully executed the works and accordingly submitted the bills for the said works. As per the Petitioner, the Petitioner is entitled to amount of Rs.49,283/- and Rs.21,410/- thereby totaling to Rs.70,693/-. It is the case of the Petitioner that the Petitioner had submitted various representations to the Respondent Authorities for release of the said amount however the said amount of Rs.70,693/- is still pending, for which the Petitioner has approached this Court under Article 226 of the Constitution.

¶4Mr. B. Gogoi, the learned Standing counsel appearing on behalf of the Public Works Department submits that as to whether the Petitioner has completed the work in terms with the work orders in question is a subject matter of verification which needs to be carried out by the Respondent Authorities and it is only on the basis of such verification, the actual entitlement of the Petitioner could be ascertained.

¶5Upon hearing the learned counsels for the parties, this Court is of the opinion that the interest of justice would be met if a direction is given to the Respondent Authorities to verify as to whether the Petitioner has completed the work in accordance with the formal work orders mentioned hereinabove and thereupon to ascertain the exact amount to which the Petitioner is entitled to, if any.

¶6It is under such circumstances, this Court therefore disposes of the instant writ petition thereby directing the Respondent Authorities more particularly the Respondent Nos. 2, 3 and 4 to verify the entitlement of Page No.# 4/4 the Petitioner on the basis of the tender conditions as well as the formal work orders which were issued in favour of the Petitioner and as to whether the Petitioner has completed the work in question and thereupon, after verification if it is found that the Petitioner is entitled to the said amount or any part thereof, the same should be paid to the Petitioner in terms with the judgment of the Full Bench of this Court in the case of Tamsher Ali and Others Vs. State of Assam and others reported in 2008 (4) GLT 1. The said verification be completed within a period of 1

(one) month from the date a certified copy of the instant order is served upon the Respondent No.1.

¶7With above observations and directions, the instant writ petition stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010265542019 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/8115/2019o ROFIQULoISLAMo S/O-oLToNURULoISLAM,oVILLoANDoP.O.oANDoP.S.oSOUTHoSALMARA,,oDIST-o DHUBRI,oASSAM,oPIN-o783127 VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REP.oBYoTHEoCOMM.oANDoSECY.oTOoTHEoGOVT.oOFoASSAM,oPWDo (BUILDING),oDEPTT.,oDISPUR,oGHY-6 2:THEoCHIEFoENGINEER oPWDo(BUILDING) oASSAM oCHANDMARI oGHY-3 3:THEoSUPERINTENDINGoENGINEER oPWD oGUWAHATIoBUILDINGoCIRCLE-I oFANCYoBAZAAR oGHY-01 4:THEoEXECUTIVEoENGINEER oPWD oDHUBRIoBUILDINGoDIVISION oDHUBRI oASSAM oPIN-o783301 5:THEoSECTIONALoOFFICER oPWD oSOUTHoSALMARA Page No.# 2/4 BLDG. SECTION SOUTH SALMARA DHUBRI ASSAM PIN- 7812 For the Petitioner(s) : Mr. H. R. Ahmed, Advocate For the Respondent(s) : Mr. B. Gogoi, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH