Satya Saikia vs The State Of Assam And 4 Ors
2021 Latest Caselaw 664 Gua

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GAHC010153972017




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

                          Case No. : WP(C)/7893/2017

         SATYA SAIKIA
         S/O. LT. NAREN SAIKIA, VILL. BHAGAMUKH, P.O. DHAKUAKHANA, DIST.
         LAKHIMPUR, ASSAM.



         VERSUS

         THE STATE OF ASSAM and 4 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES
         DEPTT., DISPUR, GHY.-06, ASSAM.

         2:THE CHIEF ENGINEER

          WATER RESOURCES DEPTT.
          CHANDMARI
          GHY.-03
          ASSAM.

         3:THE ADDL. CHIEF ENGINEER

          UPPER ASSAM ZONE
          WATER RESOURCES DEPTT.
          DIBRUGARH
          ASSAM.

         4:THE SUPERINTENDING ENGINEER

          LAKHIMPUR WATER RESOURCES CIRCLE
          NORTH LAKHIMPUR
          ASSAM
          PIN-787001.

         5:THE EXECUTIVE ENGINEER
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             DHAKUAKHANA WATER RESOURCES DIVISION
             DHAKUAKHANA
             DIST. LAKHIMPUR
             ASSAM

Advocate for the Petitioner   : MR.R K MAZUMDAR

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 24-02-2021

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

The grievance raised by the writ petitioner in the instant writ petition is that he is a registered contractor with the respondent Water Resources Department. Pursuant to a Notices Inviting Tender (NIT), the petitioner was awarded a contract work viz. "Protection of B/Dyke from Sissikalghar to Tekeliphuta at different reaches from Latashur to Tekeliphuta from the erosion of River Brahmaputra (Review). According to him, he had successfully executed the said contract work and after completion of the contract work, he submitted the bills amounting to Rs. 1,90,556/- to the respondent Water Resources Department but till date, no amount has been released in favour of the petitioner.

Ms. Chetia has submitted, on instruction, that the contract work executed by the petitioner was inspected and it was executed to the satisfaction of the respondent authorities. It is an admitted position that the total value of the contract work executed by the petitioner is Rs. 1,90,556/-. As regards the liability amounting to Rs. 1,90,556/-, a stand has been taken that the said amount could be paid as and when the fund is received from the Government.

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 Page No.# 3/3

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