Gauhati High Court
Page No.# 1/4 vs The State Of Assam And 4 Ors on 29 November, 2021
Page No.# 1/4
GAHC010042512019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1393/2019
SULEKA KHATUN AND 2 ORS.
WIFE OF LATE MONIRUL ISLAM, R/O. VILLAGE- CHARARGAON, P.O.
RAMDHAMADHABHAT, P.S. MANKACHAR, DIST.- SOUTH SALMARA
MANKACHAR, ASSAM, PIN- 783131.
2: RIMI SULTANA
DAUGHTER OF LATE MONIRUL ISLAM
REP. BY HER MOTHER
NAMELY
SULEKA KHATUN
R/O. VILLAGE- CHARARGAON
P.O.- RADHAMADHABHAT
P.S.- MANKACHAR
DIST. SOUTH SALMARA MANKACHAR
ASSAM
PIN- 783131.
3: MD. SHAHAJAHAN ALI
SON OF LATE MONIRUL ISLAM
REPRESENTED BY HIS MOTHER
NAMELY
SULEKA KHATUN
R/O. VILLAGE- CHARARGAON
P.O. RAMDHAMADHABHAT
P.S. MANKACHAR
DIST.- SOUTH SALMARA MANKACHAR
ASSAM
PIN- 783131
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY ITS SECRETARY TO THE GOVT. OF ASSAM, GENERAL
ADMINISTRATION DEPTT., DISPUR, GUWAHATI-781006.
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2:THE DEPUTY COMMISSIONER
DHUBRI
P.O. AND P.S. DHUBRI
DIST. DHUBRI
ASSAM
PIN- 783301.
3:THE CERTIFICATE OFFICER
DHUBRI
P.O. AND P.S. DHUBRI
DIST.- DHUBRI
ASSAM
PIN- 783001.
4:THE ASSAM STATE TRANSPORT CORPORATION
REPRESENTED BY THE MANAGING DIRECTOR
ASTC PALTAN BAZAR
GUWAHATI-08
KAMRUP(METRO)
ASSAM.
5:THE MANAGING DIRECTOR
ASSAM STATE TRANSPORT CORPORATION
PALTAN BAZAR
GUWAHATI-08
KAMRUP(METRO)
ASSAM
Advocate for the Petitioner : MR. M AHMED
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE KALYAN RAI SURANA
JUDGMENT
Date : 29-11-2021
Heard Mr. M. Ahmed, learned counsel for the petitioners as well as Mr. J.
Roy, learned Standing Counsel, ASTC.
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Referring to the order dated 21.09.2021, the learned Standing Counsel,
ASTC has submitted that although a sum of Rs. 54 Crores is sanctioned, but
time is being taken for release of the amount. He submits that on receipt of the
sanction amount, the ASTC would be paying its dues proportionately to all.
It appears from the statement made at the Bar that in the present case in
hand, an MAC award for a sum of Rs. 7,47,500/- was passed on 27.11.2014 by
the learned MACT, Dhubri in MAC Case No. 57/2010, with interest at the rate of
6% p.a. from the date of filing of the claim petition i.e. 2.2.2010.
As per the calculation made by the learned counsel for the petitioner, the
award comes to Rs.12,66,012/-. As per the statement made by the learned
Standing counsel ASTC, a sum of Rs.8,41,912/- has been paid to the petitioner.
Accordingly as on date, approximate amount of Rs.4,17,100/- is still payable
against the aforesaid MACT award. It is also seen that the stand taken in the
writ petition is that the MACT award had been put to execution before the
Certificate Officer in terms of the Motor Vehicle Act, 1988 read with the Bengal
Public Demand Recovery Act, 1913 and that a notice under Section 7 of the
1913 Act was issued on 11.2.2015, but the Certificate Officer has not taken any
steps to enforce the award.
Under such circumstances, the court is not inclined to appreciate the
submission made by the learned Standing Counsel, ASTC that on receipt of
money sanctioned by the Government, the ASTC would be proportionately
paying due dues to all.
In this case, the amount payable to the petitioners is not a contractual due
but the amount claimed is to satisfy the MACT award. Accordingly, ASTC may
be well advised as to the procedure to be adopted for satisfying the MACT
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award.
Be that as it may, list the matter on 17.12.2021.
JUDGE
Comparing Assistant
