Lachit Enterprise vs The State Of Assam And 4 Ors
2021 Latest Caselaw 3066 Gua

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GAHC010144372021




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

                                 Case No. : WP(C)/5137/2021

            LACHIT ENTERPRISE
            REPRESENTED BY RAM CHANDRA AGARWALLA, AGE ABOUT 78 YEARS
            S/O RAMJI LAL AGARWALLA, R/O LILA BARUAH LANE GNB ROAD,
            AMBARI, GUWAHATI 1, DIST. KAMRUP (M), ASSAM.



            VERSUS

            THE STATE OF ASSAM AND 4 ORS.
            REPRESENTED BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR,
            GUWAHATI 6

            2:SECY. TO THE GOVT. OF ASSAM

             WATER RESOURCES DEPTT. CHANDMARI
             GUWAHATI 3

            3:THE CHIEF ENGINEER

             WATER RESOURCES DEPTT. (PREVIOUSLY DEPTT. OF FLOOD CONTROL
             GUWAHATI 3 GOVT. OF ASSAM CHANDMARI
             GUWAHATI 3

            4:THE SUPERINTENDING ENGINEER
             PALASHBARI TOWN PROTECTION CIRCLE (W.R.) DEPTT.
             BHARALUMUKH GUWAHATI 9

            5:EXECUTIVE ENGINEER
            WATER RESOURCES DEPTT.
             GUWAHATI WEST W.R. DIVISION
             BHARALUMUKH GUWAHATI

Advocate for the Petitioner   : MR. D K JAIN
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Advocate for the Respondent : SC, WATER RESOURCE




                                      BEFORE
                     HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                                 ORDER

24.11.2021

Heard Mr. D.K. Jain, learned counsel for the petitioner; Mr. K. Gogoi, learned Additional Senior Government Advocate for the respondent no. 1; and Ms. S. Chetia, learned Standing Counsel, Water Resources Department.

The case of the petitioner in the instant writ petition is that he is a registered contractor with the respondent Water Resources Department. The petitioner participated in a tender process awarded by the respondent Department in respect of a contract-work under the scheme viz. "AEM to protect B/dyke on L/B from Gumi to Kalatoli at Goroimari Majonop area in between Ch. 27.80 km to Ch. 31.90 km". Having emerged successful, he was issued two work orders -CE/CC/WR/ASIDC/WNSheet/11- 12/522/7 dated 15.03.2012. Having received the work orders, the petitioner stated to have completed the said contract-works to the satisfaction of the authorities in the respondent Department. In that connection, the respondent no. 5 has issued a liability statement [Annexure-I to the writ petition] wherein it is reflected that the total amount remained outstanding to be paid to the petitioner is Rs. 5,64,060/-. It is averred by the petitioner that the despite approaches to the authorities in the respondent Department, the said amount of Rs. 5,64,060/- has not been disbursed in his favour till date. Aggrieved thereby, the present writ petition has been filed by the petitioner seeking direction to the respondent Department for release of the said amount.

Ms. Chetia, learned Standing Counsel, Water Resources Department appearing for the respondent nos. 2 - 5 has submitted, on instruction, that the amount of Rs. 5,64,060/- is an admitted liability but the same could not be released due to paucity of fund at the disposal of the Department.

Ms. Chetia has further submitted that the said amount would be released as and when fund is received by the respondent Department. She has further 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 Page No.# 3/3

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. Mr. Jain, learned counsel for the petitioner has also agreed to the said submission.

In view of the above submissions of the learned counsel for the parties and as agreed to by the learned counsel for the parties, this writ petition is disposed of at the motion 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 found 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