Gauhati High Court
Rajib Kumar Deka vs The State Of Assam And 3 Ors on 13 August, 2021
Page No.# 1/4
GAHC010096552019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2932/2019
RAJIB KUMAR DEKA
S/O LT NARENDRA NATH DEKA, R/O VILL. BHETAPARA, P.O. BELTOLA, P.S.
BASISTHA, DIST.-KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
WATER RESOURCE DEPTT. DISPUR, GUWAHATI-6
2:THE EXECUTIVE ENGINEER
GUWAHATI EAST WATER RESOURCE DIVISION
GUWAHATI-8
3:THE SUPERINTENDING ENGINEER
SOUTHERN ASSAM WATER RESOURCE CIRCLE
GUWAHATI-3
4:THE CHIEF ENGINEER
WATER RESOURCES DEPTT. GOVT. OF ASSAM
CHANDMARI
GUWAHATI-
Advocate for the Petitioner : MD. A SHEIKH
Advocate for the Respondent : SC, WATER RESOURCE
Page No.# 2/4
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 13-08-2021
The Court proceedings have been conducted through online court proceeding
services.
2. Heard Mr. M.A. Sheikh, learned counsel for the petitioner and Ms. S.
Chetia, learned Standing Counsel, Water Resources Department for all the
respondents.
3. The grievance of the petitioner in the instant writ petition is that he had
executed a number of contract works for the respondent Water Resources
Department pursuant to work orders issued in his favour. After successful
completion of the contract works, he submitted final bills to the respondent
Water Resources Department. According to him, the total amount outstanding
to be paid by the respondent authorities is Rs. 7,27,860/- and seeking a
direction to the respondent authorities to release the said amount of Rs.
7,27,860/-, the writ petition has been filed.
4. Ms. Chetia, learned Standing Counsel for the respondent Water Resources
Department has submitted, on instructions, that on processing the final bills
submitted by the petitioner it is found that an amount of Rs. 7,17,865/- was
payable to the petitioner in respect of the contract works executed by him. She
has further submitted that out of the said amount of Rs. 7,17,865/-, an amount
of Rs. 3,96,848/- has already been paid to the petitioner and as on date, an
amount of Rs. 3,31,017/-, has remained as outstanding in respect of the
petitioner.
Page No.# 3/4
5. By placing a communication bearing no. CEWR(LC) 56/219/4 dated
02.02.2021, Ms. Chetia has submitted that the balance amount could not be
released due to non-receipt of requisite fund in the respective head of account
and the said outstanding dues amounting to Rs. 3,31,017/- would be paid to the
petitioner as and when fund is received from the Government. She has, thus,
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.
6. Mr. Sheikh, learned counsel for the petitioner has agreed to the said
submission of Ms. Chetia.
7. 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, Water Resources Department, 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).
8. The petitioner shall submit a certified copy of this order, to the Chief
Engineer, Water Resources Department, Assam for his doing the needful.
9. The writ petition stands disposed of in terms of the above directions.
Page No.# 4/4
JUDGE
Comparing Assistant
