Jyoti Prasad Kalita v. The State of Assam and 5 Ors

ORDER

04.03.2024

¶1Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Ms. R. Deka, learned counsel for the respondent nos. 1 to 5 and Mr. S.S. Roy, learned counsel for the respondent no. 6.

¶2The petitioner has claimed release of contractual dues amounting to Rs.2,99,998/- for works done by him with the Water Resources Department, pertaining to the work of "Immediate measure to Dikhow Bund Right Bank from A.T. Road to N.H, Bridge to restore breach like damages including Raising and Strengthening of Rett. Bund at Darbar Field Paccaghat of Sivasagar Town under SDRF for 2018-19 (Sub-Estimate)". The petitioner's counsel submits that though the work was completed on 11.09.2019 and the Accounts Officer and Executive Engineer, Sivasagar, Water Resource Division, have made a Liability Page No.# 3/4 Statement showing that the petitioner is to receive Rs.2,99,998/- for completion of the work, no payment has been made to the petitioner till date.

¶3Mr. R. Deka, learned counsel for the respondent nos. 1 to 5 submits that the work completion report has been given by the Executive Engineer, Sivsagar, Water Resources Division and that the liability statement of the petitioner shows that he is to be paid Rs.2,99,998/-. The learned counsel further submits that payment for the contract work has to be made by the respondent no. 6.

¶4Mr. S.S. Roy, learned counsel for the respondent no. 6 submits that as the payment for the contract work has to be paid by the respondent no. 6, the respondent no. 6 will have to have a verification done on the petitioner's bills separately. He also submitted a letter dated 15.02.2024 issued by the Deputy Commissioner, Sivasagar showing that the Deputy Commissioner has admitted that that the petitioner is to be paid Rs.2,99,998/-. The said letter dated

15.02.2024 is made a part of the record and marked as Anenxur-X.

¶5In view of the submissions made by the learned counsels for the parties, besides keeping in view the completion report and liability statement made by the Executive Engineer, Sivasagar, Water Resources Division, this Court directs the respondent no. 6 to re-verify the claim of the petitioner regarding completion of his contract work. If the verification shows that some contractual amounts are due to the petitioner for the contract work, the same should be paid to the petitioner by the respondents.

¶6The verification and the payment of the admitted amount should be made Page No.# 4/4 within a period of 2 (two) months, from the date of receipt of a certified copy of this order.

¶7Writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010270942023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7028/2023o JYOTIoPRASADoKALITAo S/O-oLATEoJITENoKALITA,oR/O-oVILL.oANDoP.O.oARJUNGURI,oP.SoANDoDIST.o SIVASAGAR,oASSAM,oPIN-o785640. VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oWATERoRESOURCESoDEPARTMENT,oDISPUR,o GUWAHATI-6. 2:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oWATERoRESOURCESoDEPARTMENT oDISPUR oGUWAHATI-6. 3:THEoCHIEFoENGINEER oASSAMoWATERoRESOURCESoDEPARTMENT oCHANDMARI oGUWAHATI-781003 oDIST.oKAMRUP(M) oASSAM 4:THEoEXECUTIVEoENGINEER oSIVASAGARoWATERoRESOURCESoDIVISION oSIVASAGAR oDIST.oSIVASAGAR oASSAM oPIN-o785640. 5:THEoASSISTANToEXECUTIVEoENGINEER Page No.# 2/4 SIVASAGAR WATER RESOURCES SUB-DIVISION SIVASAGAR DIST. SIVASAGAR ASSAM PIN- 785640. 6:THE DEPUTY COMMISSIONER SIVASAGAR DIST. SIVASAGAR ASSAM PIN- 785640 Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA