Nekib Hussain vs The State Of Assam And 5 Ors
2021 Latest Caselaw 1351 Gua

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GAHC010187052020




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                          Case No. : WP(C)/5700/2020

         NEKIB HUSSAIN
         S/O MD. CHANDULLAH MIA, VILL. AND P.O. KHARMUJA, DIST.
         GOALPARA, ASSAM, PIN 783101

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, PWD ROADS,
         DISPUR, GUWAHATI 6

         2:THE PRINCIPAL SECY.
          GOVT. OF ASSAM
          DISASTER MANAGEMENT AND REVENUE DEPTT.
          DISPUR
          GUWAHATI 6

         3:THE CHIEF ENGINEER
          PWD (RURAL ROADS)
          DIVISION
          GOALPARA
          PIN 783101

         4:THE SUPERINTENDING ENGINEER
          PWD (RURAL ROADS) DIVISION
          GOALPARA
          PIN 783101

         5:THE EXECTIVE ENGINEER
          PWD (RURAL ROADS) GOALPARA DIVISION

         6:THE ASSTT. EXECUTIVE ENGINEER
          PWD (RURAL ROADS)
          GOALPARA DIVISION
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Advocate for the Petitioner   : MR. A ROSHID

Advocate for the Respondent : SC, PWD

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 07-04-2021

Heard Ms. M.R. Devi, learned counsel for the petitioner and Mr. B. Choudhury, learned Standing Counsel, Public Works Department [PWD] for the respondent nos. 1, 3, 4, 5 & 6. Also heard Mr. B.J. Talukdar, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 2.

2. It is the case of the petitioner that he is a registered contractor under the respondent Public Works Department [PWD]. The grievance of the writ petitioner is that in the year 2019, the petitioner was awarded a contract work - "Construction of Approach road at Kacharighat Road in connection with Namami Bhahmaputra Festival under SOPD for 2018-19, Package No. GLP/RRD/37/SOPD(G)18-19/40" ('the subject-work', for short). By notice to proceed dated 01.02.2019, the petitioner was asked to proceed with the execution of the subject-work at his bid price of Rs. 9,48,981/-. It is the further case of the petitioner that after completion of the subject-work, he submitted the final bill amounting to Rs. 9,48,721/- to the respondent authorities in the Public Works Department [PWD]. According to the petitioner, the subject- work was inspected by the respondent no. 5 and after inspection, the respondent no. 5 had submitted a completion certificate (Page - 13), which was countersigned by the Additional Chief Engineer (P), PWD (Roads), Assam recording the fact that the subject-work was completed on 29.03.2017. Aggrieved by non-disbursal of the aforesaid bill amounting to Rs. 9,48,981/- the petitioner has approached this Court by this writ petition seeking a direction to the respondent authorities in the Public Works Department [PWD] to release of the said bill amount for the subject-work stated to be completed by him.

3. Mr. Choudhury, learned Standing Counsel, Public Works Department [PWD] has submitted that he has received instruction to the effect that the final bill submitted by the Page No. 3/3

petitioner amounting to Rs. 9,48,721/- was received at the end of the respondent Public Works Department [PWD]. There is no denial to the fact that the value of the contract work executed by the petitioner was Rs. 9,48,981/-. But the final bill could not be processed and the said amount could not be disbursed to the petitioner due to insufficiency of fund. He has, however, submitted that the amount could only be paid as and when fund is received from the Government. He has further submitted that the instant case is squarely covered by the Full Bench judgment of this Court, rendered on 29.09.2008, in Writ Appeal No. 484/2005 [Tamsher Ali and Ors. vs. State of Assam and Ors.], reported in 2008(4) GLT 1 (FB) and similar other 194 writ petitions and, as such, the respondent authorities will process the claim of the petitioner in the light of the principles enunciated in the aforesaid judgment.

4. In view of the above submissions of the learned counsel for the parties, this writ petition is disposed of at the admission stage itself with a direction to the Chief Engineer, Public Works Department (Roads), Assam to examine the claim of the petitioner within a period of 45 days from the date of receipt of a certified copy of this order and, then, if the claim is admitted, the respondent authorities would process the claim of the petitioner in accordance with law and in the light of the directions contained in Tamsher Ali (supra).

5. The petitioner shall submit a certified copy of this order to the Chief Engineer, Public Works Department (Roads), Assam for his doing the needful.

6. The writ petition stands disposed of in terms of the above directions.

JUDGE

Comparing Assistant