Krishna Saikia vs The State Of Assam And 5 Ors
2021 Latest Caselaw 191 Gua

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GAHC010025182017




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

                          Case No. : WP(C)/3311/2017

         KRISHNA SAIKIA
         S/O LT. TULSI SAIKIA R/O MACHKHOWA, DHEMAJI DIST. DHEMAJI,
         ASSAM

         VERSUS

         THE STATE OF ASSAM and 5 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES
         DEPARTMENT, DISPUR, GUWAHATI -6, ASSAM

         2:THE CHIEF ENGINEER
         WATER RESOURCES DEPARTMENT
          CHANDMARI
          GUWAHATI-3
         ASSAM

         3:THE ADDITIONAL CHIEF ENGINEER
          UPPER ASSAM ZONE
         WATER RESOURCES DEPARTMENT
          DIBRUGARH
         ASSAM

         4:THE SUPERINTENDING ENGINEER
          LAKHIMPUR WATER RESOURCES CIRCLE
          NORTH LAKHIMPUR
         ASSAM
          PIN -787001.

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

Advocate for the Petitioner   : MR.R K MAZUMDAR

Advocate for the Respondent :




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

Date : 21-01-2021

Heard Mr. P.K. Mazumdar, learned counsel for the petitioner. Also heard Mr. P. Kakoti, learned counsel appearing on behalf of Mr. B. Goswami, learned Additional Advocate General, Assam for all the respondents.

The grievance of the writ petitioner in the instant writ petition is that he had carried out certain works allotted to him by the respondents and he had successfully completed the works allotted to him. Though he is entitled to a sum of Rs. 1,23,417.00 on account of the same, the respondent authorities have not paid the aforesaid amount, which according to the petitioner is an admitted amount.

Mr. P. Kakoti has 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.

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).

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The petitioner is permitted to 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