Bodhen Phukan vs The State Of Assam And 4 Ors
2021 Latest Caselaw 3078 Gua

                                                              Page No.# 1/4

GAHC010144472021




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

                         Case No. : WP(C)/4673/2021

         BODHEN PHUKAN
         RESIDENT OF HOUSE NO. 5
         CHANDMARI
         NABAGIRI ROAD
         2ND BYE LANE
         GUWAHATI 03
         DIST KAMRUP (M) ASSAM


          VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM
         DISPUR
         GUWAHATI 06

         2:THE SECRETARY TO THE GOVT. OF ASSAM
         WATER RESOURCES DEPARTMENT
          CHANDMARI
          GUWAHATI 03
          3:THE CHIEF ENGINEER

         WATER RESOURCES DEPARTMENT (PREVIOUSLY DEPARTMENT OF FLOOD
         CONTROL) GUWAHATI 3
         GOVT. OF ASSAM
         CHANDMARI
         GUWAHATI 03
         4:THE SUPERINTENDING ENGINEER

         PALASHBARI TOWN PROTECTION CIRCLE (W.R) DEPARTMENT
          BHARALUMUKH
          GUWAHATI 09
          5:EXECUTIVE ENGINEER
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           WATER RESOURCES DEPARTMENT
           GUWAHATI WEST W.R DIVISION
           BHARALUMUKH
           GUWAHATI 09
           ------------
           Advocate for : MR. D K JAIN
           Advocate for : GA
           ASSAM appearing for THE STATE OF ASSAM AND 4 ORS.



                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                     ORDER

Date : 24-11-2021

Heard Mr. D.K. Jain, 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 process as floated by the respondent Water Resources Department at different times and after having emerged successful in some of them, he was awarded different contract works which he stated to have executed 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. In support of his submissions, he has referred to a consolidated statement, annexed as Annexure-I to this writ petition, issued under the hand of the respondent no. 5. He has submitted that in the said consolidated statement, the outstanding liabilities in respect of the petitioner has been reflected as Rs. 28,11,983/-. It Page No.# 3/4

has been submitted by Mr. Jain that despite repeated approaches, the said outstanding dues amounting to Rs. 28,11,983/- has not been released till date.

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. 28,11,983/- is an admitted liability but the amount could not have been released till date due to paucity of funds at the disposal of the Department. She has submitted that the outstanding dues will be released as and when fund is 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.

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 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