Gauhati High Court
Premush Daimary vs The State Of Assam And 5 Ors on 22 December, 2021
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GAHC010215102021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7150/2021
PREMUSH DAIMARY
SON OF SRI ROBIN DAIMARY,
RESIDENT OF VILLAGE- BORO SLANGI, PO- AMTEKA BAZAR, DISTRICT-
CHIRANG, BTR, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
THE STATE OF ASSAM, THROUGH THE COMMISSIONER AND SECRETARY
TO THE GOVERNMENTOF ASSAM, PANCHAYAT AND RURAL
DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI-37
3:THE BODOLAND TERRITORIAL REGION
REPRESENTED BY THE PRINCIPAL SECRETARY
BTC
PO AND DIST- KOKRAJHAR.
4:THE SECRETARY
P AND RD BTC
KOKRAJHAR
PO AND DISTRICT- KOKRAJHAR
ASSAM
5:THE DIRECTOR
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
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BTC
PO AND DIST- KOKRAJHAR
ASSAM.
6:THE BLOCK DEVELOPMENT OFFICER
BOROBAZAR T.D. BLOCK
BTC
DIST- CHIRANG
ASSA
Advocate for the Petitioner : MR R DHAR
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 22-12-2021
Heard Mr. R. Dhar, learned counsel for the petitioner; Mr. J. Saikia, learned
counsel appearing on behalf of Mr. M. Nath, learned Standing Counsel,
Panchayat & Rural Development Department for the respondent nos. 1 and 2;
and Mr. R.K. Mushahary, learned Standing Counsel, BTC for the respondent nos.
3-6.
2. The subject-matter in this writ petition is execution of a contract work viz.
"Construction of Rubber Plantation of Sri Rimon Daimary of village Tilapara"
['the Contract-Work'] and non-disbursal of an amount of Rs. 7,00,000/- in favour
of the petitioner which the petitioner has claimed to be due from the authorities
in the BTC. The case projected by the petitioner in this writ petition is that after
administrative approval on 12.01.2018 [Annexure-1 to the writ petition] and
technical sanction for the Contract-Work, a tender notice was published,
thereafter. A number of bidders including the petitioner, submitted their bids in
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response to it. After evaluation of the bids, the respondent no. 6 issued the
formal work order dated 18.07.2018 in favour of the petitioner to execute the
Contract-Work at an amount of Rs. 6,93,000/- [Annexure-2 to the writ petition].
The petitioner has asserted that he proceeded to execute Contract-Work as per
the specifications, drawings and agreement and completed the same on
16.07.2018. The authorities in the respondent BTC physically verified the
Contract-Work and found that the Contract-Work had been completed as per the
specifications, drawings, and agreement. In that connection, the respondent no.
6 had issued a Physical Progress Report [Annexure-3 to the writ petition] and a
Completion Certificate [Annexure-4 to the writ petition]. After completion of the
Contract-Work, the petitioner submitted his final bill amounting to Rs. 7,00,000/-
but the said amount has remaining outstanding. The respondent no. 6 had also
issued a Utilization Certificate [Annexure-5 to the writ petition] for release of the
fund in this connection. As the said amount, Rs. 7,00,000/- has not been
disbursed till date, the petitioner has approached this court by this writ petition
seeking a direction to the respondent authorities to disburse the said amount.
3. Mr. Mushahary, learned Standing Counsel, BTC has submitted that though
from the documents annexed to this writ petition it is prima facie reflected that
the petitioner had completed the Contract-Work, but still there is requirement
for verification of the matter. It is submitted that a decision has been taken by
the respondent BTC authorities to examine all the pending claims relating to
contract works and to that effect the respondent no. 2 has passed an order on
15.11.2021. As per the said order, the respondent BTC authorities have
undertaken to examine all the cases relating to outstanding liabilities within a
period of 6 [six] months from the date of issuance of the said order. Mr.
Mushahary has placed a copy of the said order before this Court.
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4. The order bearing No. BTC/F(Audit)/49/2021/Pt-I/1] dated Kokrajhar, the
15th November, 2021 reads as under :-
" BODOLAND TERRITORIAL COUNCIL SECRETARIAT
BODOFA NWGWR::KOKRAJHAR
No. BTC/F(Audit)49/2021/Pt-I/1 Dated- Kokrajhar, the 15th November, 2021
ORDER
WHEREAS it has been noticed that huge number of outstanding liabilities have been
created by the erstwhile BTAD authority since 2011 to February, 2020 through contractual
work orders to the Contractors/Suppliers, etc. under various entrusted departments of BTC
without corresponding budget provisions
WHEREAS the outstanding liabilities created by the erstwhile BTAD authority are
required to undergo detail examination and verification in the context of proposals of such
works made, NIT, selection of successful bidders, quality of works, completion of works, fund
position, part payment, etc.
WHEREAS it is further noticed that a good number of court cases have been filed
before the Hon'ble Gauhati High Court as well as in the District Courts of respective District
Jurisdictions under BTAD by the Contractors/Suppliers, etc. praying for release of payments
to the Contractors/Suppliers, etc. against their respective work orders
WHEREAS, reportedly, out of the aforesaid contractual works, some part payments
also made against portion of works completed by the Contractors/Suppliers, etc. by the
erstwhile BTAD authority in certain cases. However, such fund flow does not follow any
rationale and is found to be arbitrant
AND THEREFORE, in view of the above facts and circumstances, the BTC has decided
to verify all such works by conducting comprehensive audit, financial verification and physical
verification wherever applicable, against all such contractual works in the Govt. level and
further to complete the whole exercise in this regard within 6 (six) months from the date of
issue of this order. After verifying the same, if it is found that the claims are admissible after
following all established financial norms, the same shall be processed in accordance with law
and as per decision contained in Tamsher Ali and others vs. State of Assam and others
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reported in 2008 (4) GLT 1 accordingly. Furthermore, if instances of wrongdoing or
misappropriation are found during such comprehensive audit, financial verification and
physical verification wherever applicable, appropriate legal action would be taken against the
persons/agencies/firms concerned in accordance with the applicable laws.
This order shall come into force with immediate effect."
5. Mr. Dhar, learned counsel for the petitioner having gone through the said
order, has submitted that the process regarding payment of the outstanding
dues to the petitioner shall be completed within the stipulated time period as
mentioned in the said order.
6. Having considered the contents of the said order dated 15.11.2021 and the
decision of 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
considered appropriate that the respondent authorities in the respondent BTC
shall undertake the exercise in terms of the said order dated 15.11.2021 in
respect of the claims of the petitioner also and complete the exercise within the
time frame mentioned in the order. If after such exercise, the petitioner is found
entitled to the amount of Rs. 7,00,000/- or any other amount, the same shall be
released in favour of the petitioner forthwith thereafter. The petitioner shall
submit a certified copy of this order to the respondent no. 3 within 7 [seven]
days from today for his doing the needful.
7. The writ petition stands disposed of in terms of the above observation and
direction.
JUDGE
Comparing Assistant
