Mr. Aloka Sumi, v. The State of Nagaland and 3 Ors

ORDER

16.02.2024

Heard Mr. Moa Jamir, learned counsel for the petitioner, who submits that by filing this writ petition, the petitioner has sought for a direction to the respondents to pay him the amount due to him for having supplied stone metal on two (2) occasion. The learned counsel submits that his supply amount is Rs. 4,98,000/- and the total amount comes to Rs. 9,96,000/-. The learned counsel submits that the same is only an admitted liability which is clear from the measurement book prepared by the Executive Engineer, PWD (R&B) Dimapur Division, Nagaland and also, Communication dated 30.01.2019 of the Executive Engineer, PWD (R&B) Dimapur Division, Nagaland to the Chief Engineer, PWD (R&B) Dimapur Division, Nagaland (Annexure - B), wherein, it has been clearly indicated the total amount due to the petitioner and to another Contractor is Rs. 29,88,000/-. The learned counsel referring to page No. 18 of the writ petition submits that the amount due to the petitioner is given at Serial Nos. 5 & 6 of the said chart. The learned counsel therefore submits that a direction may be issued to the respondent authority concerned to disburse the amount due to the petitioner. Considering the nature of grievance projected by the petitioner, this writ petition is disposed of with a direction to the Page No.# 3/3 respondent authorities to examine the claim of the petitioner and if the said claim is found to be correct and genuine, the amount due to the petitioner should be disbursed to him within a period of four

(4) months from the date of receipt of a certified copy of this Order. The petitioner shall furnish a certified copy of this Order along with the writ petition to the respondent Nos. 3 & 4, who shall thereafter take necessary action as directed herein above. With the above observation and direction, the writ petition stands disposed of.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/3 GAHC020000692024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/20/2024 MR. ALOKA SUMI, S/O VIHOSHE SUMI, R/O SEMATILLA, DIMAPUR, NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY, WORKS AND HOUSING DEPARTMENT, GOVERMENT OF NAGALAND, NAGALAND, KOHIMA 2:THE FINANCE COMMISSIONER GOVERNMENT OF NAGALAND NAGALAND KOHIMA 3:THE CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 4:THE EXECUTIVE ENGINEER PWD (R AND B) DIMAPUR NAGALAN Advocate for the Petitioner : MOA JAMIR Page No.# 2/3 Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE NELSON SAILO