Rabindra Chowhoria @ Rabindra ... vs The State Of Assam And 5 Ors
2021 Latest Caselaw 472 Gua

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GAHC010049642019




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

                          Case No. : WP(C)/1653/2019

         RABINDRA CHOWHORIA @ RABINDRA CHHOWEHHARIA
         S/O LT. GRIDHARIILAL CHHOWCHHARIA, R/O 5TH FLOOR, KAMAKHYA
         APARTMENT, REHABARI, GUWAHATI, DIST.- KAMRUP(METRO), ASSSAM

         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR,
         GUWAHATI- 6

         2:SECRETARY TO THE GOVT. OF ASSAM
         WATER RESOURCES DEPTT. CHANDMARI
          GUWAHATI- 3

         3:THE CHIEF ENGINEER
         WATER RESOURCES DEPTT. GUWAHATI- 3
          GOVT. OF ASSAM
          CHANDMARI
          GUWAHATI- 3

         4:THE ADDITIONAL CHIEF ENGINEER
          LOWER ASSAM ZONE WATER RESOURCES DEPTT. GOVT. OF ASSAM
          CHANDMARI
          GUWAHATI -3
         ASSAM

         5:THE SUPERINTENDING ENGINEER
         WATER RESOURCES DEPTT. GOVT. OF ASSAM
          CHANDMARI
          GUWAHATI- 3
         ASSAM

         6:THE EXECUTIVE ENGINEER
          MANGALDOI WATER RESOURCES DIVISION
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             UNDER WATER RESOURCES DEPTT. GOVT. OF ASSAM
             MANGALDOI
             ASSAM

Advocate for the Petitioner   : MR. D K JAIN

Advocate for the Respondent : GA, ASSAM

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 10-02-2021

Heard Mr. D.K. Jain, learned counsel for the petitioner and Ms. S. Chetia, learned Standing Counsel, Water Resources Department appearing for the respondent nos. 2, 2, 4, 5, & 6. Also heard Mr. M.R. Adhikari, learned Additional Senior Government Advocate for the respondent no. 1.

The grievance of the writ petitioner in the instant writ petition is that he is a registered contractor with the respondent Water Resources Department. Pursuant to different Notices Inviting Tenders (NIT), the petitioner was awarded a number of contracts works under the respondent no. 6 after being selected as the successful bidder. According to him, he had successfully completed all the works under the scheme - "Raising and Strengthening of Nonoi embankment B/B from N.H 52 to R.K. B/Dyke under S.S.S. under Mangaldai W.R. Division". After completion of those contract works, he submitted the bills amounting to Rs. 1,35,87,914.00 to the respondent Water Resources Department. Though an amount of Rs. 1,29,02,000.00 was released in favour of the petitioner, an amount of Rs. 6,85,914.00 is yet to be paid to him. The said position is reflected in the statement dated 02.06.2018 (Annexure-1) issued by the respondent no. 6.

Referring to the affidavit-in-opposition filed by the respondent no. 2, Ms. Chetia has submitted that it has been admitted that the total value of the contract works executed by the petitioner was 1,35,87,914.00 and out of that amount, an amount of Rs. 1,29,02,000.00 had already been paid to the petitioner as a part payment. As regards the balance liability amounting to Rs. 6,85,914.00, a stand has been taken that the said amount of Rs. 6,85,914.00 could be paid as and when the fund is received from the Government.

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Ms. Chetia has submitted 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.

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).

The petitioner shall submit a certified copy of this order, to the Chief Engineer, Water Resources Department, Assam for his doing the needful.

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

JUDGE

Comparing Assistant