Gauhati High Court
M/S Scse Construction vs The State Of Assam And 3 Ors on 24 November, 2021
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GAHC010121312021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4645/2021
M/S SCSE CONSTRUCTION
UZAN BAZAR, REPRESENTED BY ITS PROPRIETOR ZAKIR HUSSAIN,
AGED ABOUT 47 YEARS. S/O HAIDOR ALI, RESIDENT OF VILLAGE F.C
ROAD, UZAN BAZAR, PO UZAN BAZAR, DIST KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI 06
2:THE EXECUTIVE ENGINEER
GUWAHATI WEST WATER RESOURCE DIVISION
BHARALUMUKH
GUWAHATI 09
3:THE SUPERINTEDING ENGINEER
PALASHBARI TOWN PROTECTION WATER RESOURCE CIRCLE
GUWAHATI 09
4:THE CIRCLE ENGINEER
WATER RESOURCES DEPARTMENT
GOVT. OF ASSAM
CHANDMARI
GUWAHATI 0
Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent : SC. WATER RESOURCE DEPTT.
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 24-11-2021
Heard Mr. M.A. Sheikh, 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 registered firm/contractor under the respondent, Water Resources
Department, Government of Assam. Pursuant to a bidding process, two work
orders dated 10.02.2012 and 28.02.2012 were issued by the respondent no. 2.
Similarly, another work order dated 19.06.2013 was issued by the respondent
no. 3. By those work orders, the petitioner was allotted contract works under
the respondent Department. After being awarded with the contract works, the
petitioner proceeded to execute the works and completed the same to the
satisfaction of the respondent Water Resources Department authorities.
It is further averred that the authorities in the respondent Water
Resources Department had done the measurement works in respect of the said
contract works. Despite submission of the bills by the petitioner before the
respondent authorities, the dues have not been disbursed till date. Aggrieved
thereby, the writ petitioner has approached this Court by this writ petition
seeking a direction to the respondent authorities contending that an amount of
Rs. 20,17,125/- has remained outstanding till date.
Ms. Chetia, learned Standing Counsel, Water Resources Department has
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submitted, on instructions, that the amount of Rs. 20,17,125/- is an admitted
liability and the amount could not be disbursed due to paucity of fund at the
disposal of the Department. She has submitted that the said amount will be paid
as and when the 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 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
