Gauhati High Court
M/S Kalpana Electrical vs The State Of Assam And 9 Ors on 9 November, 2021
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GAHC010043512021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1696/2021
M/S KALPANA ELECTRICAL
HATIGARH CHARIALI, GHY-21, REP. BY ITS PROPRIETOR, HARIHAR DEKA,
AGE ABOUT 52 YEARS, S/O- LT. KAILASH DEKA, R/O- ZOO NARENGI
ROAD, BY LANE NO-5, FLAT NO- BI, H.NO.-8, DIST.- KAMRUP (M), ASSAM,
PIN- 781021
VERSUS
THE STATE OF ASSAM AND 9 ORS
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, IRRIGATION
DEPTT., DISPUR, GHY-6
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
PUBLIC WORK DEPTT.
(BUILDING AND NH)
DISPUR
GHY-6
3:THE COMM. AND SECY. TO THE GOVT. OF ASSAM
FINANCE DEPTT.
DISPUR
GHY-06
4:THE CHIEF ENGINEER
IRRIGATION
ASSAM
CHANDMARI
GHY-03
5:THE CHIEF ENGINEER
PWD (BUILDING)
ASSAM
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CHANDMARI
GHY-03
6:THE SUPERINTENDING ENGINEER
PWD
GUWAHATI ELECTRICAL CIRCLE
FANCY BAZAR
GHY-01
7:THE SUPERINTENDING ENGINEER
MANGALDAI CIRCLE
(IRRIGATION)
MANGALDAI DARRANG
ASSAM
PIN- 784125
8:THE EXECUTIVE ENGINEER
DHANSIRI CANAL-II DIVISION (IRRIGATION)
UDALGURI
DIST.- UDALGURI
ASSAM
PIN- 784509
9:THE EXECUTIVE ENGINEER
GUWAHATI ELECTRICAL DIVISION (IRRIGATION)
CHANDMARI
GHY-3
10:THE EXECUTIVE ENGINEER
PWD
GUWAHATI ELECTRICAL DIVISION
CHANDMARI
GHY-
Advocate for the Petitioner : MR. K R PATGIRI
Advocate for the Respondent : SC, IRRIGATION
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 09-11-2021
Heard Mr. K.R. Patgiri, learned counsel for the petitioner and Mr. A.B.T.
Hoque, learned counsel appearing on behalf of Mr. N. Upadhayay, learned
Standing Counsel, Irrigation Department for the respondent nos. 1, 4, 7, 8 and
9. Also heard Mr. R. Borpujari, learned Standing Counsel, Finance Department
for the respondent No. 3.
2. The case, in brief, of the petitioner, as projected in this writ petition
under Article 226 of the Constitution of India, is that he is a registered
contractor under respondent Irrigation Department, Government of Assam and
he submitted a bid in response to a tender notice dated 07.07.2014, whereby,
the bids were invited from registered firms/contractors for the work of providing
Air Conditioner Machine to the Irrigation Department in Block-B in New
Secretariat Complex, Dispur, Guwahati - 6 ['the contract-work', for short]. The
respondent authorities in the Irrigation Department accepted the bid of the
petitioner and the contract-work was awarded to the petitioner by a work order
dated 14.07.2014 issued under the hand of the respondent no. 6 at a tendered
amount of Rs. 9,52,473/-. The Technical sanction for an amount of Rs.
9,52,500/- for the contract-work was accorded by the respondent no. 4 vide his
letter dated 09.05.2014 by charging the expenditure against Dhansiri Irrigation
Project, which fact is reflected in the letter no. IGN(E)166/2013/20 dated
03.07.2014 of the Government in the Irrigation Department. After award of the
contract-work, the petitioner proceeded to execute the contract-work. After the
completion of the contract-work, a completion certificate to that effect was
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issued by the respondent no. 8. When after submission of the final bill for the
contract-work, the payment was not released, the petitioner submitted a
representation, addressed to the respondent no. 4, on 12.04.2017, before the
respondent authorities. The amount mentioned in the final bill was Rs.
9,52,473/-. The fund proposal was accordingly, submitted before the respondent
Irrigation Department for releasing the fund. Vide a letter dated 12.09.2017 of
the respondent no. 9, the respondent no. 4 was requested to take necessary
steps for releasing the fund at the earliest in favour of the petitioner. The
proposal was returned by the Government in the Irrigation Department to the
respondent No. 4 vide a communication dated 13.12.2017, with a request to
take up the matter with the Irrigation Department, Budget Branch for releasing
the outstanding amount of Rs. 9,52,473/-. Aggrieved by the non disbursal of the
said amount, the petitioner has approached this Court by this writ petition.
3. The learned counsel for the parties have, in unison, 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 process the claim of
the petitioner in the light of the principles enunciated in the aforesaid judgment.
4. 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. 4 i.e. the Chief Engineer, Irrigation 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).
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5. The petitioner shall submit a certified copy of this order, to the
respondent no. 4, the Chief Engineer, Irrigation Department, Assam for his
doing the needful.
6. The writ petition stands disposed of in terms of the above directions.
JUDGE
Comparing Assistant
