M/S Pujok and Sons v. The State of Nagaland and 5 Ors

ORDER Date : 02-04-2024 Heard Ms. V. Therie, learned counsel for the petitioner. The case of the petitioner in brief is that by the work order No. TOUR/ENGG-631/2013-14 dated 10/02/20214 issued by the Addl. Director

(CSS), Directorate of Tourism, Nagaland, Kohima, under the Integrated Tourist Travel Circuit at Aboi-Chaohachingnyu-Changlang-Jakphang-Changlangshu-Sangsanguyu, the petitioner's firm was awarded the work for "Construction of retaining wall at Jakphang" for a contractual amount of Rs. 2.52/- lakhs (Rupees two lakh fifty two thousand) only. The project was successfully completed by the petitioner and the technical officers has also physically verified the spot. However, as the outstanding amount of Rs. 2.52 lakh was not paid to the petitioner, the representation dated 18/09/2023 was submitted to the Director of Tourism, Nagaland, Kohima for release of the pending bill relating to the work. However, no action has been taken on the representation submitted by the petitioner. It is also the case of the petitioner that the work completion and utilization certificate dated 15/03/2024 has also been issued by the office of the Jakphang village council, district-Mon, Nagaland and though the certificate dated 15/03/2024 has been brought to the knowledge of the concerned authorities no effort has been made by the respondents to release the outstanding bill to the petitioner. It is further the case of the petitioner that the amount of Rs. 2.52/- (Rupees two lakh fifty two thousand) only which is the total amount for undertaking the construction is not disputed by the respondent authorities and accordingly, the respondent authorities should be directed to pay the Page No.# 3/3 outstanding amount of Rs. 2.52/- (Rupees two lakh fifty two thousand) only to the petitioner. Mr. M. Longkumer, the learned Government Advocate for the State respondents submits that the writ petition can be disposed with the direction to the State respondents to dispose the representation dated 18/09/2023 submitted by the petitioner and to consider the payment of the outstanding amount of Rs. 2.52/- (Rupees two lakh fifty two thousand) only to the petitioner, if the same, is not disputed by the State respondents. The learned counsel for the petitioner is not averse to the submission made by the State counsel. In the light of the submissions made by the learned counsel for the parties, the writ petition is disposed of, with the direction to the State respondents to, dispose of the representation dated 18/09/2023 submitted by the petitioner and to consider the payment of outstanding amount of Rs. 2.52/- lakhs (Rupees two lakh fifty two thousand) only to the petitioner, for executing the "Construction of retaining wall at Jakphang", if the petitioner has already executed the work and there is no dispute on the payment of the outstanding liability for the work done and strictly in accordance with law. The direction given above shall be carried out by the respondents, more particularly, the respondent No. 2, 3 & 4, within a period of 90(Ninety) days from the date of receipt of the copy of the order. The rejection of the representation dated 18/09/2023 by the authorities concerned, if any, shall be made by a speaking order, and the same shall be made available to the petitioner without delay. Writ petition disposed.

Sd/-

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC020001532024 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kWP(C)/51/2024 M/S2PUJOK2AND2SONS BEARING2NCSU2REGD.2NO.212192AND2NPWD2REGD.2NO.23382 REPRESENTED2BY2ITS2PROPRIETOR2 SHRI2H.2PUJOK2KONYAK2 S/O2HONGNAO2PERMANENT2R/O2MON2TOWN2 MON2NAGALAND VERSUS THE2STATE2OF2NAGALAND2AND252ORS REPRESENTED2BY2THE2CHIEF2SECRETARY2TO2THE2 GOVT.2OF2NAGALAND,2NAGALAND2KOHIMA 2:THE2COMMISSIONER2AND2SECRETARY2TO2THE2 GOVT.2OF2NAGALAND 2TOURISM2DEPARTMENT2 NAGALAND2KOHIMA 3:THE2DIRECTOR 2DIRECTORATE2OF2TOURISM2 NAGALAND2KOHIMA 4:THE2ADDITIONAL2DIRECTOR2(CSS) 2DIRECTORATE2OF2TOURISM2 NAGALAND2KOHIMA 5:THE2EXECUTIVE2ENGINEER 2TOURISM2DEPARTMENT2 NAGALAND2KOHIMA 6:THE2FINANCE2COMMISSIONER 2FINANCE2DEPT.2 NAGALAND2KOHIM Page No.# 2/3 Advocate for the Petitioner : SENTIYANGER Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA