Ajit Choudhury @ Ajit Kumar ... vs The State Of Assam And 4 Ors
2021 Latest Caselaw 2155 Gua

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GAHC010138482021




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

                         Case No. : WP(C)/4461/2021

         AJIT CHOUDHURY @ AJIT KUMAR CHOUDHURY
         S/O LATE BHARAT CHANDRA CHOUDHURY
         RESIDENT OF VILLAGE HOLOGAON, PO HOLOGAON VIA SUALKUCHI, PS
         SUALKUCHI, DIST KAMRUP, ASSAM, 781103



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
         OF ASSAM,WATER RESOURCE DEPARTMENT, DISPUR GUWAHATI 06

         2:THE COMMISSIONER AND SECRETARY
         TO THE GOVT. OF ASSAM
          FINANCE DEPARTMENT
          DISPUR GUWAHATI 06

         3:THE CHIEF ENGINEER

          WATER RESOURCE DEPARTMENT
          ASSAM
          CHANDMARI
          GUWAHATI 03

         4:THE SUPERINTENDING ENGINEER.
          SOUTHERN ASSAM WR CIRCLE
          GHY 3

         5:THE EXECUTIVE ENGINEER

          GUWAHATI EAST WATER RESOURCE DIVISION
          GHY 0
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Advocate for the Petitioner     : MR. K R PATGIRI

Advocate for the Respondent : SC. WATER RESOURCE DEPTT.

BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

10-09-2021

Heard Mr. K. R. Patgiri, learned counsel for the petitioner and Mr. B. Goswami, learned Additional Advocate General, Assam for the respondent Nos. 1 and 3 to 5. Also heard Mr. R. Barpujari, learned Standing Counsel, Finance Department, Assam for the respondent No. 2.

Petitioner contended that pertaining to works of Anti-Erosion measures to protect Sualkuchi town from the erosion of river Brahmaputra Ph-III, the Water Resource Department of the State issued three different work orders to him on 02.03.2012, 03.03.2012 and 18.06.2012. Though he completed the said work long back, but the respondents in the Water Resource Department as well as the Finance Department are yet to pay the petitioner an amount of Rs. 6,18,274/- for the said work. It is stated that though the petitioner approached the authorities of the concerned departments, but the said amount has not yet been released.

It is seen that the petitioner with his petition did not annex any certificate issued by the Chief Engineer of Water Resource Department as to whether the works allotted to him were complete or not and if so, whether those were complete within the time allotted to him or not.

Relying on the judgment of the Full Bench of this Court passed in the case of Tamsher Ali Vs. State of Assam reported in 2008 (4) GLT 1, the Court is of the view that it is the Chief Engineer of the concerned department who is required to approve for payment of such admitted amount to a contractor.

By filing an additional affidavit in the matter petitioner shall place before the Court as to whether the observation made in the Full Bench Judgment of Tamsher Ali (supra) have been complied in his case or not so as to pass necessary direction to the respondents in the present case as observed in said Tamsher Ali case. In his said additional affidavit, petitioner shall also place the relevant certificate of the Chief Engineer of Water Resources Department regarding completion of works within the time allotted to him in terms of the work orders annexed by the petitioner in this Page No.# 3/3

petition.

List this matter after 3 (three) weeks.

JUDGE

Comparing Assistant