Trailokya Das vs The State Of Assam And 4 Ors
2021 Latest Caselaw 1720 Gua

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GAHC010022932020




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

                                 Case No. : WP(C)/675/2020

            TRAILOKYA DAS
            S/O- LT. PRABIN CH. DAS, R/O- VILL. KEOTKUCHI, P.S. AND DIST.-
            BARPETA (ASSAM).

            VERSUS

            THE STATE OF ASSAM AND 4 ORS.
            REP. BY THE CHIEF SECY., ASSAM SACHIBALAYA, DISPUR, GHY.-06.

            2:THE CHIEF ELECTORAL OFFICER
            ASSAM
             DISPUR
             GHY.-06.

            3:THE DY. COMMISSIONER- CUM- DISTRICT ELECTION OFFICER
             BARPETA DISTRICT
             P.O. BARPETA
            ASSAM.

            4:EXECUTIVE ENGINEER (PHE)
             BARPETA DIVISION
             BARPETA.

            5:ASSTT. EXECUTIVE ENGINEER (PHE)
             BARPETA SUB DIVISION
             BARPETA

Advocate for the Petitioner   : MR. J SARMAH

Advocate for the Respondent : GA, ASSAM
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                      ORDER

Date : 28-07-2021

Heard Mr. J. Sarmah, learned counsel for the petitioner. Also heard Mr. B. Deuri, learned Junior Government Advocate for the respondent nos. 1 - 3 and Mr. D. Gogoi, learned Standing Counsel, Public Health Engineering (PHE) Department for the respondent nos. 4 & 5.

2. The grievance of the writ petitioner in the instant writ petition is that he is a registered Government Contractor and as a sole proprietor of M/s Niku Tent House, Barpeta, he participated in a tender process initiated by the respondent no. 4 in connection with the State Assembly Election, 2016. On being successful in the said competitive bidding process, the petitioner was awarded with 6 (six) nos. of contract works, all dated 19.11.2016 (Annexure-1 to Annexure-6 to the writ petition). It is the contention of the petitioner that he had executed all the 6 (six) nos. of contract works to the satisfaction of the respondent authorities and thereafter, submitted his bills against each of the work orders for verification to the Construction Cell under the Additional Deputy Commissioner who was also the In-Charge of the District Construction Cell for the Assembly Election, 2016. The bills were verified and approved for payment by the respondent no. 5. By a communication no. Const-01/Gen/AE-16/Part-III/22 dated 06.10.2016 the bills were forwarded to the respondent no. 3 for his necessary action.

3. Despite submission of the bills, when the petitioner was not paid, he has approached this Court seeking a direction to the respondent authorities to disburse the amounts due to the petitioner for executing the contract works awarded to him. According to the petitioner, the outstanding dues amounts to Page No. 3/4

Rs. 1,63,786.00.

4. An affidavit-in-opposition has been filed on behalf of the respondent no. 3 on 08.07.2021. In the said affidavit, it has been stated that the bills against the contract works were received from the petitioner on 23.02.2017. As there was shortage of fund for payment of bills, a communication was made to the Chief Electoral Officer, Assam vide communication no. BEL-39/2016/32-33 dated 18.01.2018 for sanction of additional fund. A proposal was thereafter, submitted vide office letter no. BLE-39/2016/34 dated 12.11.2018 for payment of outstanding liabilities pertaining to the Assembly Election, 2016 to the Chief Electoral Officer, Assam. Further communications were made vide letter no. BEL- 39/2016/35 dated 06.02.2019 and letter no. BLE-39/2016/36 dated 15.11.2019. It has been further stated that the necessary payment will be made to the petitioner as and when fund is received from the Election Department, Assam.

5. Referring to the affidavit-in-opposition filed by the respondent no. 3, Mr. Deuri has submitted that there is no denial on the part of the respondent no. 3 as regards liability to the extent of Rs. 1,63,786.00. Mr. Deuri 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.

6. 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 respondent no. 2 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 Page No. 4/4

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).

7. The petitioner shall submit a certified copy of this order along with a copy of the writ petition with annexures, to the respondent no. 3 for doing the needful. The writ petition stands disposed of in terms of the above directions.

JUDGE

Comparing Assistant