Atul Basumatary vs The State Of Assam And 6 Ors
2021 Latest Caselaw 1378 Gua

                                                             Page No.# 1/4

GAHC010141342020




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

                          Case No. : WP(C)/4214/2020


         ATUL BASUMATARY
         S/O- LT. BIPUN BASUMATARY
         R/O- VILL- MURMELA- N.H.-31
         P.O.- MURMELA
         P.S. BARAMA
         DIST.- BAKSA
         ASSAM
         PIN- 781346


          VERSUS

         THE STATE OF ASSAM AND 6 ORS.
         REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM
         PUBLIC WORK (ROADS) DEPTT.
         DISPUR
         GHY-6
         ASSAM

         2:THE PRINCIPAL SECRETARY
         BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR
         ASSAM
          3:THE JOINT SECRETARY
         BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR
         ASSAM
          4:THE ADDL. CHIEF ENGINEER
         PWD
          BTC
          KOKRAJHAR
         ASSAM
          5:THE DIRECTOR-CUM-CHD
         PWD
                                                                                   Page No.# 2/4

            BTC
            KOKRAJHAR
            ASSAM
            6:THE SUPEREINTEND ENGINEER
            PWD
            (R AND B) CIRCLE
            B.T.C.
            KOKRAJHAR
            ASSAM
            7:THE EXECUTIVE ENGINEER
            PWD
            MUSHALPUR (R AND B) DIVISION
            MUSHALPUR
            ------------
            Advocate for : MRS A BUJARBARUAH
            Advocate for : SC
            PWD appearing for THE STATE OF ASSAM AND 6 ORS.



                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 08-04-2021

Heard Ms. A. Bujarbaruah, learned counsel for the petitioner and Mr. P. Nayak, learned Standing Counsel, Public Works Department (PWD) as well as Bodoland Territorial Council (BTC) for all the respondents.

2. The petitioner is a registered Class 1A category contractor under the PWD. The petitioner was awarded a formal work order on 09.02.2016 for a contract work viz. "Construction of Slab Culvert at Deolkhola on Karemura to Aunihati Road under AOP for the year 2014-15" ('the subject-work', for short). After receipt of the said formal work order, the petitioner proceeded to execute the subject-work. The petitioner has claimed that he has completed the subject-work by adhering to the specifications, drawings and contract agreement. The subject-work was inspected by the respondent no. 7 and after such inspection, a Completion Report (Page 18) was submitted by the respondent no. 7 wherein it was reported that the subject-work was found 100% completed by the petitioner. The petitioner claimed that despite submission of the final bill in respect of the subject-work, an Page No.# 3/4

amount of Rs. 18,00,000/- is lying outstanding with the respondent authorities and the same is yet to be paid. The writ petition has been preferred seeking a direction to the respondent authorities to sanction and disburse the said amount of Rs. 18,00,000/- towards execution of the subject-work.

3. Mr. Nayak has referred to the affidavit-in-opposition to submit that the petitioner is found to have completed the subject-work but the outstanding amount of Rs. 18,00,000/- could not be released till date. It is further submitted by him that there is no denial of the fact of execution of the subject-work by the petitioner but the bill amount of the petitioner could not be released till date due to non-release of fund by the BTC authority. As per the sanction order issued by the respondent no. 3, the Pro-forma Bill was submitted for drawal of the sanctioned amount of Rs. 18,00,000/- but the PLA cheque has not been released by the BTC authority. It has further been assured that the payment would be made to the petitioner as and when the cheque is issued by the BTC authority.

4. The learned counsel for the parties have 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. It is submitted by the learned counsel for the respondents that the respondent authorities will process the claim of the petitioner in the light of the principles enunciated in the aforesaid judgment.

5. 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 respondent no. 4, i.e. the Additional Chief Engineer, PWD, BTC, Kokrajhar, 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 no. 4 in consultation with the respondent no. 2 i.e. the Principal Secretary, BTC, Kokrajhar, Assam would process the claim of the petitioner in accordance with law and in the light of the directions contained in Tamsher Ali (supra).

6. The petitioner shall submit a certified copy of this order, to the respondent no. 4, the Additional Chief Engineer, PWD, BTC, Kokrajhar, Assam for his doing the needful.

Page No.# 4/4

The writ petition stands disposed of in terms of in the aforesaid terms.

JUDGE

Comparing Assistant