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

ORDER 02-02-2024 Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. R. M. Das, learned counsel for the respondent nos. 1 to 5 and Mr. K. Gogoi, learned counsel for the respondent no. 6. The petitioner has claimed release of contractual dues amounting to Rs.9,38,110/- for works done by him with the Water Resources Department, pertaining to the work of "Immediate measure to restore the damages including road communication of Nagar Ali of river Desang near Borhat Borpathar under SDRF for 2017-18 (Sub-Estimate)". The petitioner's counsel submits that though the work was completed in the year 2019 and the Accounts Officer and Executive Engineer, Sivasagar, Water Resource Division, have made a liability statement showing that the petitioner is to receive Rs.9,38,110/- for completion of the work, no payment has been made to the petitioner till date. Mr. R. M. Das, learned counsel for the respondent nos. 1 to 5 submits that the work completion report has been given by the Executive Engineer, Sivsagar, Water Page No.# 3/3 Resources Division and that the liability statement of the petitioner shows that he is to be paid Rs.9,38,110/-. The learned counsel further submits that payment for the contract work has to be made by the respondent no. 6. Mr. K. Gogoi, 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. In 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 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. The verification and the payment of the admitted amount should be made within a period of 2 (two) months, from the date of receipt of a certified copy of this order. Writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010270952023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/6989/2023o JYOTIoPRASADoKALITAo S/OoLATEoJITENoKALITA,oR/OoVILLoANDoP.O.-ARJUNGURI,oP.S.-SIVASAGAR,o DIST-SIVASAGAR,oASSAM,oPIN-785640 VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REPRESENTEDoBYoTHEoADDITIONALoCHIEFoSECRETARYoTOoTHEo GOVERNMENToOFoASSAM,oWATERoRESOURCESoDEPARTMENT,oDISPUR,o GUWAHATI-6 2:THEoSECRETARYoTOoTHEoGOVERNMENToOFoASSAM oWATERoRESOURCESoDEPARTMENT oDISPUR oGUWAHATI-6 3:THEoCHIEFoENGINEER oASSAM oWATERoRESOURCESoDEPARTMENT oCHANDAMRI oGUWAHATI-781003 oDIST-KAMRUPo(M) oASSAM 4:THEoEXECUTIVEoENGINEER oSIVASAGARoWATERoRESOURCESoDIVISION oSIVASAGAR oDIST-SIVASAGAR oASSAM oPIN-785640 5:THEoASSISTANToEXECUTIVEoENGINEER Page No.# 2/3 NAZIRA WATER RESOURCES SUB-DIVISION NAZIRA DIST-SIVASAGAR ASSAM PIN-785007 6:THE DEPUTY COMMISSIONER CHARAIDEO DIST-CHARAIDEO ASSAM PIN-78244 Advocate for the Petitioner : MR. R SARMA Advocate for the Respondent : SC, WATER RESOURCE BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA