Gauhati High Court
Kulojit Goswami vs The State Of Assam And 3 Ors on 24 November, 2021
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GAHC010143312021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4649/2021
KULOJIT GOSWAMI
S/O NABA KT. GOSWAMI,
GORCHUK, PAMAHI,DHALABAMA PATHAR, DIST KAMRUP (M)
GUWAHATI , ASSAM, 781035
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER
RESOURCES DEPARMENT, DISPUR GUWAHATI 06, ASSAM
2:THE CHIEF ENGINEER
WATER RESOURCES DEPARTMENT
CHANDMARI
GUWAHATI 781003
3:THE SUPERINTENDING ENGINEER
PALASHBARI TOWN PROTECTION W.R CIRCLE
BHARALUMUKH
GUWAHATI 09
ASSAM
4:THE EXECUTIVE ENGINEER
GUWAHATI WEST W.R DIVISION
BHARALUMUKH
GUWAHATI 9
ASSA
Advocate for the Petitioner : MR. P K MAZUMDAR
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Advocate for the Respondent : SC. WATER RESOURCE DEPTT.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 24-11-2021
Heard Mr. P.K. Mazumdar, 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 quoted by the respondent
Water Resources Department. Upon having emerged successful, he was
awarded 3 [three] different contract orders. Upon receipt of the said contract
works viz. [i] GWD/TECH/NIT/R/10-11/5/70 [ii] GWD/TECH/NIT/H/10-11/3/121;
and [iii] GWD/TECH/NIT/M/10-11/140, the petitioner proceeded to complete the
said contract works and completed all the contract works to the satisfaction of
the authorities of the respondent Department. Thereafter, submitted his bills of
the completed contract works. The total bill amount was Rs. 2,23,333/-. Out of
the total amount of Rs. 2,23,333/-, only an amount of Rs. 5,000/- has been
released to the petitioner till date and an amount of Rs. 2,18,333/- has still
remained outstanding. Aggrieved by the non-disbursement of the said
outstanding amount, the petitioner has approached this Court by this writ
petition.
Ms. Chetia, learned Standing Counsel, Water Resources Department has
submitted that she has received instructions from the authorities in the
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respondent Water Resources Department to the effect that the amount of Rs.
2,18,333/- 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,
however, submitted that the remaining liability will be paid 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.
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
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Comparing Assistant
