Aminul Haque vs The State Of Assam And 4 Ors
2021 Latest Caselaw 665 Gua

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GAHC010084822019




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

                          Case No. : WP(C)/2614/2019

         AMINUL HAQUE
         S/O LATE JONAB ALI, R/O AMINPATTY, P.O.-NAGAON, DIST-NAGAON,
         ASSAM, PIN-782002



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
         WATER RESOURCES DEPARTMENT, HAVING ITS OFFICE AT BLOCK-B, 3RD
         FLOOR, ASSAM SECRETARIAT, DISPUR, GUWAHATI, DIST-KAMRUP(M),
         ASSAM, PIN-781006

         2:THE CHIEF ENGINEER
         WATER RESOURCES DEPARTMENT
         ASSAM
          HAVING HIS OFFICE AT CHANDMARI
          GUWAHATI
          DIST-KAMRUP(M)
         ASSAM
          PIN-781003

         3:THE SUPERINTENDING ENGINEER
          NAGAON WATER RESOURCES CIRCLE
          NAGAON
          HAVING HIS OFFICE AT NAGAON
          DIST-NAGAON
         ASSAM
          PIN-782001

         4:THE EXECUTIVE ENGINEER
          NAGAON WATER RESOURCES DIVISION
          HAVING HIS OFFICE AT NAGAON
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             DIST-NAGAON
             ASSAM
             PIN-782001

            5:THE ASSISTANT EXECUTIVE ENGINEER
             RAHA WATER RESOURCES SUB-DIVISION
             RAHA
             HAVING HIS OFFICE AT RAHA
             DIST-NAGAON
            ASSAM
             PIN-78210

Advocate for the Petitioner   : MR G Z AHMED

Advocate for the Respondent : SC, WATER RESOURCE




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 24-02-2021

Heard Mr. G.Z. Ahmed, learned counsel for the petitioner and Ms. S. Chetia, learned Standing Counsel, Water Resources Department appearing for all the respondents.

The petitioner is a Class-I(A) contractor registered with the respondent Water Resources Department. The grievance raised by the writ petitioner in the instant writ petition is that he was awarded contract works by the respondent Water Resources Department by three work orders issued by the Executive Engineer, Nagaon Water Resources Division. The contract works were (1) Work order bearing no. A/2/12/C/-4502 dated 29.01.2014 for contract value of Rs. 26,45,832/-; (2) Work order bearing no. A/2/12/C/-4513 dated 29.01.2014 for contract value of Rs. 15,77,453/-; and (3) Work order bearing no. RS/EX/CT/Sub/67/6641 dated 14.11.2014 for contract value of Rs. 52,17,115/-. After receipt of the work orders, the petitioner stated to have executed all the contract works to the satisfaction of the respondent authorities and thereafter, submitted bills for a total amounting to Rs. 93,89,205/-. Despite submission of the bills by him immediately after completion of the contract works, no amount in connection with the said bills has been released till date.

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Hence, he has preferred the instant writ petition seeking direction to the respondent authorities for early release of said outstanding amount.

Ms. Chetia, by referring to the affidavit-in-opposition filed by the respondent no. 2, has submitted that it has been admitted that the total value of the contract works executed by the petitioner was Rs. 93,89,205/-. As regards release of the said amount, a stand has been taken that the same could be paid as and when fund is received from the Government. Ms. Chetia has further 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