Ajit Choudhury @ Ajit Kumar ... vs The State Of Assam And 4 Ors
2021 Latest Caselaw 3077 Gua

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GAHC010144472021




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

                        Case No. : WP(C)/4700/2021


         AJIT CHOUDHURY @ AJIT KUMAR CHOUDHURY
         S/O LATE BHARAT CHANDRA CHOUDHURY
         RESIDENT OF VILLAGE HOLOGAON
         PO HOLAGAON VIA SUALKUCHI
         PS SUALKUCHI
         DIST KAMRUP
         ASSAM
         781103


          VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM
         WATER RESOURCE DEPARTMENT
         DISPUR GUWAHATI 06

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR GUWAHATI 06
          3:THE CHIEF ENGINEER.
         WATER RESOURCE DEPARTMENT
         ASSAM
          CHANDMARI
          GUWAHATI 03
          4:THE SUPERINTENDING ENGINEER

         PALASHBARI TOWN PROTECTION WATER RESOURCE CIRLCE
          GUWAHATI 09
          5:THE EXECUTIVE ENGINEER
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           GUWAHATI WEST WATER RESOURCE DIVISION
           BHARALUMUKH
           GUWAHATI 09
           ------------
           Advocate for : MR. K R PATGIRI
           Advocate for : SC. WATER RESOURCE DEPTT. appearing for THE STATE OF
           ASSAM AND 4 ORS



                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                      ORDER

Date : 24-11-2021

Heard Mr. K.R. Patgiri, learned counsel for the petitioner and Ms. S. Chetia, learned Standing Counsel, Water Resources Department appearing for all the respondents.

The case projected by the petitioner in this writ petition is that the petitioner is a Contractor registered with the respondent Water Resources Department, Government of Assam. Upon issuance of notice inviting tenders, the petitioner participated in the tender processes floated by the respondent Water Resources Department from time to time and after having emerged successful in some of the tender processes, he was awarded contract works vide different work orders issued under the hand of the respondent nos. 4 and 5 respectively. The petitioner has referred to 8 [eight] nos. of contract works issued in his favour in paragraph 4 of the writ petition and according to him, he executed those contract works to the satisfaction of the authorities in the respondent Water Resources Department. After completion of those contract works, the petitioner had submitted the bills for those contract works before the authorities in the respondent Department. However, only a part payment was released till date and an amount of Rs. 21,00,981/- is still remained to be Page No.# 3/4

disbursed.

Ms. Chetia, learned Standing Counsel, Water Resources Department has submitted that she has received instructions from the authorities in the respondent Water Resources Department to the effect that the amount of Rs. 21,00,981/- is an admitted liability but the amount could not be released till date due to paucity of funds at the disposal of the Department. She has, however, submitted that the said amount will be released as and when funds are received from the Government.

Ms. Chetia has 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. Mr. Patgiri, learned counsel for the petitioner has also submitted in similar lines.

In view of the above submissions of the learned counsel for the parties and as submitted 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 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.

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The writ petition stands disposed of in terms of the above directions.

JUDGE

Comparing Assistant