Dist- Nagaon vs The State Of Assam And 5 Ors
2021 Latest Caselaw 410 Gua

                                                         Page No.# 1/4

GAHC010063532019




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

                            Case No. : WP(C)/1963/2019


         ZAKIR HUSSAIN
         S/O- MAHBBAT ALI
         R/O- M AZAD PATH
         AMIN PATTY
         NAGAON

          DIST- NAGAON
          ASSAM
          PIN- 782001


          VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY SECRETARY TO GOVT OF ASSAM
         WATER RESOURCE DEPTT
         DISPUR
         GUWAHATI- 781006

         2:THE CHIEF ENGINEER
         WATER RESOURCE DEPTT
          CHANDMARI
          GUWAHATI
          DIST- KAMRUP(M)
         ASSAM
          3:THE SUPERINTENDING ENGINEER
         WATER RESOURCE DEPTT
          NAGAON CIRCLE
          DIST- NAGAON
         ASSAM
          4:THE EXECUTIVE ENGINEER
         WATER RESOURCE DEPTT
          MORIGAON DIVISION
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DIST- MORIGAON
ASSAM
5:THE ASSTT EXECUTIVE ENGINEER
WATER RESOURCE DEPTT
MORIGAON SUB DIVISION
DIST- MORIGAON
ASSAM
6:THE ASSTT EXECUTIVE ENGINEER
WATER RESOURCE DEPTT
JAGIROAD SUB DIVISION
DIST- MORIGAON
ASSAM
------------
Advocate for : MR. K R PATGIRI
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 5 ORS




Linked Case : WP(C)/1987/2019

ZAKIR HUSSAIN
S/O- MAHBBAT ALI, R/O- M AZAD PATH, AMIN PATTY, NAGAON, DIST-
NAGAON, ASSAM, PIN- 782001



VERSUS

THE STATE OF ASSAM AND 5 ORS
REP. BY SECRETARY TO GOVT OF ASSAM, WATER RESOURCE DEPTT,
DISPUR, GUWAHATI- 781006

2:THE CHIEF ENGINEER
WATER RESOURCE DEPTT
 CHANDMARI
 GUWAHATI
 DIST- KAMRUP(M)
ASSAM

3:THE SUPERINTENDING ENGINEER
WATER RESOURCE DEPTT
 NAGAON CIRCLE
 DIST- NAGAON
ASSAM

4:THE EXECUTIVE ENGINEER
                                                                                   Page No.# 3/4

             WATER RESOURCE DEPTT
             NAGAON DIVISION
             DIST- NAGAON
             ASSAM

            5:THE ASSTT EXECUTIVE ENGINEER
            WATER RESOURCE DEPTT
             NAGAON SUB DIVISION
             DIST- NAGAON
            ASSAM

            6:THE ASSTT EXECUTIVE ENGINEER
            WATER RESOURCE DEPTT
             RAHA SUB DIVISION
             DIST- NAGAON
            ASSA

Advocate for the Petitioner   : MR. K R PATGIRI

Advocate for the Respondent : SC, WATER RESOURCE




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 05-02-2021

Heard Mr. K.R. Patgiri, learned counsel for the petitioner and Ms. S. Chetia, learned Standing Counsel, Water Resources Department for all the respondents.

It is the case of the petitioner that from time to time, the respondent authorities had awarded contract works to the petitioner being a registered contractor with the Water Resources Department. On receipt of those contract orders, he had executed all the said contract works to the satisfaction of the respondent authorities. The petitioner stated to have submitted the bills in connection with all those contract works and when the total outstanding dues of the petitioner amounting to Rs. 1,46,038/- were not paid by the respondent authorities for a considerable period of time, the petitioner has approached this Court by way of this write petition seeking a direction to the respondent authorities for release of the Page No.# 4/4

aforesaid outstanding dues of Rs. 1,46,038/-. To substantiate his submission, he has referred to a document at Page 25 which was issued by the Executive Engineer, Morigaon, Water Resources Division wherein it was admitted that an amount of Rs 1,21,000/- was paid but an amount of Rs. 1,46,038/- was still payable to the petitioner.

On the other hand, Ms. Chetia, learned Standing Counsel, Water Resources Department has submitted, on receipt of instruction, that on verification of the records, the departmental authorities has found an amount of Rs. 1,38,522/- as outstanding dues payable to the petitioner. She has submitted that the figure reported in the document at Page 25 is not correct.

Mr. Patgiri has submitted that the petitioner has no objection if the amount of Rs. 1,38,522/- has been determined as the outstanding dues by the departmental authorities. Mr. Patgiri has submitted that in the above situation, 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, Water Resources Department 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 shall obtain a certified copy of this order and place the same before the Chief Engineer, Water Resources Department for his doing the needful.

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

JUDGE

Comparing Assistant