Gauhati High Court
Resident Of Bijoy Nagar vs The State Of Assam And 2 Ors on 24 November, 2021
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GAHC010144472021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4669/2021
KAILASH CHAND BAGRA
S/O DHANRAJ BAGRA
RESIDENT OF BIJOY NAGAR
KAMRUP (R) ASSAM
781122
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY
DEPARTMENT OF WATER RESOURCE
GOVT. OF ASSAM
DISPUR GUWAHATI 781006
ASSAM
2:THE CHIEF ENGINEER
WATER RESOURCE DEPARTMENT
CHANDMARI
GUWAHATI 781003
ASSAM
3:THE EXECUTIVE ENGINEER
MORIGAON WATER RESOURCE DIVISION
MORIGAON
ASSAM
------------
Advocate for : MR. M BISWAS
Advocate for : SC. WATER RESOURCE DEPTT. appearing for THE STATE OF
ASSAM AND 2 ORS.
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 24-11-2021
Heard Mr. M. Biswas, 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 some of the tender processes. Having emerged
successful, the petitioner was awarded one contractual work under the scheme
of "R/S to T/dyke along both banks of Kopili river from Charaihagi to Tuklaitup
(L/B) Basundhari to Kiling-Kopili Junction (L/B) and Chaparmukh to Ahatguri
Amsoi P.W.D Road (R/B) including Anti-erosion measures at different reaches"
vide work order dated 19.10.2012. It has been stated that he had duly
completed the said contract work to the satisfaction of the respondent
authorities and thereafter, submitted a bill amounting to Rs. 22,43,340/-.
Mr. Biswas has referred to a liability statement, annexed as Annexure-1 to
the writ petition, which has been issued under the hand of the respondent no. 3
to press the point that the amount of Rs. 22,43,340/- is an admitted liability and
the amount is still to be disbursed. Aggrieved by the non-disbursal of the said
amount, the petitioner had served a legal notice upon the respondent no. 3 on
30.04.2021. In response to the legal notice, the respondent no. 3 vide his
communication dated 04.05.2021 [Annexure-3 to the writ petition] has admitted
the liability to the extent of Rs. 22,43,340/-.
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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.
22,43,340/- is an admitted liability but the amount could not have been released
till date due to paucity of funds. She has submitted that the said amount will be
paid 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,
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.
The writ petition stands disposed of in terms of the above directions.
JUDGE
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Comparing Assistant
