Gauhati High Court
Tapas Banik vs The State Of Assam And 3 Ors on 4 February, 2021
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GAHC010105182019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3373/2019
TAPAS BANIK
SON OF LATE DHIRENDRA BANIK, PERMANENT RESIDENT OF
PATHARKANDI, P.O. PATHARKANDI, P.O. PATHARKANDI, KARIMGANJ, PIN
CODE 788724, DISTRICT- KARIMGANJ, ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, IRRIGATION DEPARTMENT, ASSAM, DISPUR, GUWAHATI- 6
2:THE SUPERINTENDING ENGINEER
CACHAR CIRCLE (IRRIGATION)
SILCHAR
CACHAR.
3:THE EXECUTIVE ENGINEER (IRRIGATION)
KARIMGANJ DIVISION
KARIMGANJ
ASSAM.
4:THE ASSISTANT EXECUTIVE ENGINEER
KARIMGANJ SOUTH SUB-DIVISION (IRRIGATION) PATHARKANDI
KARIMGANJ
ASSAM
Advocate for the Petitioner : MR. P KATAKI
Advocate for the Respondent : SC, IRRIGATION
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 04-02-2021
Heard Mr. P. Kataki, learned counsel for the petitioner and Mr. N. Upadhyay, learned
Standing Counsel, Irrigation Department for all the respondents.
The case projected on behalf of the petitioner is that on being selected as the
successful bidder in a competitive bidding process, the petitioner was awarded a contract
work namely - "Charges to Shinglacherra FIS in Sonbeal area under AIBP 2009-10
[Construction of C.C. approach road upto Ch. 850.00 m at Lowairpoa Cherra FIS under AIBP,
2009-10]". The petitioner has asserted that the said contract work was completed by him on
20.10.2015 and thereafter, final bills for the said work were prepared by the Sectional Officer,
Lowairpoa Cherra FIS under AIBP under Karimganj Division (Irrigation), Karimganj, which
were counter signed by the Executive Engineer, Karimganj Division (Irrigation), Karimganj.
Thereafter, the Executive Engineer vide certificate no. KID/MISC/42/PT-III/2011/294 dated
23.08.2018 and vide certificate no. KID/MISC/42/PT-III/2011/617 dated 28.03.2019 had
certified that the petitioner had executed the contract work with the satisfaction and there
was nothing adverse against the said contract work. When the outstanding billing amount of
Rs. 21,17,100/- has not been released in favour of the petitioner, the petitioner has preferred
this writ petition.
Mr. Upadhyay has submitted, on instruction, that there is no dispute with regard to the
certificates dated 23.08.2018 and 28.03.2019 and the department is in the process of
verifying the amount entitled to the petitioner. Mr. N. Upadhyay has 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 examine the claim of the petitioner in the light of the principles enunciated in
the aforesaid judgment.
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,
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Irrigation 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).
The petitioner after obtaining a certified copy of this order, shall place the same before
the Executive Engineer, Chief Engineer, Irrigation Department, Assam for his doing the
needful.
The writ petition stands disposed of in terms of the above directions.
JUDGE
Comparing Assistant
