Ganesh Chandra Deka vs The State Of Assam And 3 Ors
2021 Latest Caselaw 3146 Gua

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GAHC010105292021




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

                            Case No. : WP(C)/3532/2021

         GANESH CHANDRA DEKA
         (A CLASS I CIVIL CONTRACTOR) S/O MADAN CHANDRA DEKA
         RESIDENT OF HOUSE NO 819
          HENGRABARI NABANAGAR
          PO HENGRABARI
          PS DISPUR GUWAHATI
          ASSAM


          VERSUS

         THE STATE OF ASSAM AND 3 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM
         WATER RESOURCE DEPARTMENT
         DISPUR
         GUWAHATI 781006

         2:THE CHIEF ENGINEER

         WATER RESOURCE DEPARTMENT
         GOVT. OF ASSAM
          CHANDMARI GUWAHATI 781003
          3:THE SUPERINTENDING ENGINEER
         PALASHBARI TOWN PROTECTION WATER RESOURCE CIRCLE
          GUWAHATI 781009
          4:THE EXECUTIVE ENGINEER
         GUWAHATI WATER RESOURCE DIVISION
          BHARALUMUKH
          GUWAHATI 781009
          ------------
         Advocate for : MR. N K KALITA
         Advocate for : SC. WATER RESOURCE DEPTT. appearing for THE STATE OF
         ASSAM AND 3 ORS
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                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                       ORDER

Date : 26-11-2021 Heard Mr. N.K. Kalita, learned counsel for the petitioner and Ms. M. Barman, learned Junior Government Advocate for all the respondents.

2. The case projected by the petitioner in this writ petition is that the petitioner is a registered Class-I Civil Contractor with the respondent Water Resources Department, Government of Assam. Pursuant to bidding processes initiated by the respondent Water Resources Department where the petitioner participated by submitting his bid, he emerged as the successful bidders in some of them. He was allotted work orders in connection with three different schemes viz. [i] Anti Erosion Measures to protect B/Dyke on L/B from Gumi to Kalatoli at Goroimari Majortop area in between Ch. 27.80K to Ch. 31.90 Km vide work order no. SE/PPC/W/9Pt-V/428 dated 24.01.2013 and work order no. GWD/TECH/NIT/M/10-11/1/63 dated 18.05.2013, [ii] Anti Erosion Measures to

protect both banks of Puthimari river from 16 th KM to 50th KM [RG Rly line to Boromboi] vide work order no. GWD/TECH/NIT/R/10-11/5/127 dated 30.05.2013 and work order no. GWD/TECH/NIT/R/10-11/5/211 dated 30.05.2013 and [iii] R/S to Puthimari Embkt of both banks from RG Rly line to

Ra Rly line [from Ch 21st KM to Ch 36th Km on R.B. and from Ch 18th Km to Ch

35th Km on L/B] vide work order no. CE/CC/WR/WO/TC/11-12/468/Pt-III/I dated 06.02.2012.

3. It has been asserted by the petitioner that after being awarded with the above work orders, he proceeded to execute the same and completed all the Page No.# 3/4

contract works to the satisfaction of the authorities in the respondent Water Resources Department. After execution of the contract works, he submitted his final bills amounting to Rs. 60,54,870/- to the authorities in the respondent Water Resources Department for all the contract works. Out of the said bills, a part payment of Rs. 12,17,896/- has been disbursed to the petitioner and an amount of Rs. 48,36,974/- has still remained outstanding and the same has not been disbursed despite repeated approaches by the petitioner.

4. In support of his submission, Mr. Kalita, learned counsel for the petitioner has referred to a liability showing statement showing all the outstanding liabilities in favour of the petitioner, annexed at Page 20 of the writ petition, wherein the outstanding amount payable to the petitioner is shown as Rs. 48,36,974/-. When the said amount has not been paid for a prolonged period, a legal notice was served upon the respondent no. 2 on 26.03.2021. Aggrieved by non-disbursal of the said amount, the petitioner has filed this writ petition seeking a direction to the authorities in the respondent Water Resources Department to release the said outstanding due.

5. Ms. Barman, learned Junior Government Advocate for the respondent authorities has submitted that an affidavit-in-opposition has been filed by the respondent no. 2 wherein it has been averred that an amount of Rs. 12,17,896/- out of the total final bill amount of Rs. 60,54,870/- has already been paid and the remaining amount of Rs. 48,36,974/- could not be disbursed to the petitioners due to paucity of fund at the disposal of the Department. It has, however, mentioned that the remaining outstanding dues will be paid as and when funds are available.

6. Ms. Barman 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. Page No.# 4/4

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.

7. 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 admission 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).

8. The petitioner shall submit a certified copy of this order to the Chief Engineer, Water Resources Department, Assam for his doing the needful.

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

JUDGE

Comparing Assistant