Gauhati High Court
Uttam Kumar Das vs The State Of Assam And 3 Ors on 5 February, 2021
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GAHC010052322019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1669/2019
UTTAM KUMAR DAS
S/O. LT. PABITRA KUMAR DAS, VILL. GOROIMARI, P.O. TUKRAPARA, P.S.
CHAYGAON, DIST. KAMRUP, ASSAM-781137.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM WATER
RESOURCE DEPTT., DISPUR, GUWAHATI-06.
2:THE EXECUTIVE ENGINEER
GUWAHATI WEST WATER RESOURCE DIVISION
BHARALUMUKH
GUWAHATI-09.
3:THE SUPERINTENDING ENGINEER
PALASBARI TOWN PROTECTION WATER RESOURCE CIRCLE
GUWAHATI-09.
4:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
GOVT. OF ASSAM
CHANDMARI
GUWAHATI-03
Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent : SC, WATER RESOURCE
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 05-02-2021
Heard Ms. F. Intaz, learned counsel for the petitioner and Ms. S. Chetia, learned
Standing Counsel, Water Resources Department for all the respondents.
The grievance of the writ petitioner in the instant writ petition is that the petitioner
was awarded four contract works viz. (a) work order dated 09.05.2012, Bill value-Rs.
3,59,940/-; (b) work order dated 15.11.2012, Bill value-Rs. 96,000/-; (c) work order dated
19.11.2012, Bill value-Rs. 1,14,056/- and (d) work order dated 24.05.2013, Bill value-Rs.
46,269/- by the respondent authorities. After being awarded the contract works by the
respondent authorities, the petitioner had successfully completed the four contract works. It
is the further case of the petitioner that the total value of the said four contract works was
Rs. 6,16,265/-. Despite submission of the bills to the respondent authorities, the petitioner
was not paid the entire amount. Reference is made to the liability statement (Annexure-4)
issued by the Executive Engineer and the Account Officer of the Water Resources Division,
Guwahati to highlight the fact that the outstanding dues is Rs. 6,16,265/-.
Ms. Intaz has further 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.
Ms. Chetia, learned Standing Counsel, Water Resources Department has submitted,
on instruction, that the Water Resources Department is not liable to pay Rs. 6,16,265 since
after verification of the claim of the petitioner, the respondent authorities have found an
amount of Rs. 6,00,265/- as outstanding dues to the petitioner. Ms. Intaz has submitted that
the petitioner would not object if the outstanding dues have been determined at Rs.
6,00,265/-
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In view of the 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 submit 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
