Gauhati High Court
Shangsher Ali Ahmed vs The State Of Assam And 3 Ors on 23 February, 2021
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GAHC010150012019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4707/2019
SHANGSHER ALI AHMED
S/O. LT. HASSAN ALI, R/O. SINGIMARI, P.O. HATIPARA, P.S. CHAYGAON,
DIST. KAMRUP (R), ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY ITS COMM. AND SECY. TO THE GOVT. OF ASSAM, WATER
RESOURCE DEPTT., DISPUR, GUWAHATI-06.
2:THE CHIEF ENGINEER
WATER RESOURCES DEPTT.
ASSAM
CHANDMARI
GUWAHATI-03.
3:THE SUPERINTENDING ENGINEER
PALASBARI TOWN PROTECTION CIRCLE
WATER RESOURCE DEPTT.
BHARALUMUKH
GUWAHATI-09.
4:THE EXECUTIE ENGINEER
GUWAHATI WEST WATER RESOURCES DIVISION
BHARALUMUKH
GUWAHATI-09
Advocate for the Petitioner : DR. K U AHMED
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Advocate for the Respondent : SC, WATER RESOURCE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
23.02.2021
Heard Mr. K.U. Ahmed, learned counsel for the petitioner and Mr. P. Kakati, learned
counsel appearing on behalf of Mr. B. Goswami, learned Additional Advocate General, Assam
for all the respondents.
2. The grievance of the writ petitioner in the instant writ petition is that he is a registered
contractor with the respondent Water Resources Department. In the year 2012, the petitioner
was awarded four numbers of contract works by the respondents authorities through four
work orders, viz, (1) GWD/TECH/NIT/M/2010-11/1/81-A dated 15.11.12; (2)
GWD/TECH/NIT/M/10-11/1/81-A dated 15.11.12; (3) GWD/TECH/NIT/M/10-11/1/42 dated
12.11.12 and (4) GWD/TECH/NIT/M/2010-11/1/42 dated 15.11.12.
3. According to him, he had successfully completed all the works. After completion of
those contract works, he submitted the bills before the respondent authorities. Though an
amount of Rs. 15,000/- was released in favour of the petitioner but an amount of Rs.
3,26,990/- is yet to be paid to him. The petitioner served an advocate notice on the
respondent authorities and in reply dated 29.05.2019, the respondent No.4 had informed the
petitioner that the demand for fund against the executed scheme had been sent to the
Government of India through the Chief Engineer, Brahamputra Board after due
recommendation by the Secretary to the Government of Assam, Water Resources Department
for providing fund and the payment would be made on receipt of the fund under the proper
head of account. He has, therefore, submitted that it is the case where outstanding dues
have been admitted by the respondent authorities.
4. Mr. P. Kakati, learned counsel for the respondents has submitted that it is not a
disputed position that the communication dated 29.05.2019 was sent from the end of the
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respondent No.4 in reply to an advocate notice. He has, however, submitted that the matter
still requires examination at the end of the respondent authorities and since the balance
liability appears to be an amount of Rs. 3,26,990/-, he has submitted that the writ petition
can be disposed of at this stage in terms of the direction 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.
5. 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).
6. The petitioner shall submit a certified copy of this order, to the Chief Engineer, Water
Resources Department, Assam for his doing the needful.
7. The writ petition stands disposed of in terms of the above directions.
JUDGE
Comparing Assistant
