Gauhati High Court
Domon Longmailai vs The State Of Assam And 5 Ors on 4 April, 2022
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GAHC010051872020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1615/2020
DOMON LONGMAILAI
S/O- LT. PANCHANON LONGMAILAI, R/O- VILL- GADAIN SIBRAIPUR, P.O.
AND P.S. LANGTING, DIST.- DIMA HASAO, ASSAM, PIN- 788832
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMM. AND SECY. GOVT. OF ASSAM, PUBLIC WORKS
DEPTT., DISPUR, GHY-6
2:THE PRINCIPAL SECRETARY
DIMA HASAO AUTONOMOUS COUNCIL
HAFLONG
DIST.- DIMA HASAO
ASSAM
PIN- 788819
3:THE ADDL. CHIEF ENGINEER
PWD (R AND B) HAFLONG
DIST.- DIMA HASAO
ASSAM
PIN- 788819
4:SUPERINTENDENT
ENGINEER
PWD (R AND B) HAFLONG CIRCLE HAFLONG
DIMA HASAO
PIN- 788819
5:THE EXECUTIVE ENGINEER
PWD (ROAD AND BUILDING) MAIBANG DIVISION
DIST.- DIMA HASAO
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ASSAM
PIN- 788831
6:ACCOUNTS OFFICER
MAIBANG (PWD) (R AND B) DIVISION MAIBANG
DIST.- DIMA HASAO
ASSAM
PIN- 78883
Advocate for the Petitioner : MR. B BARUAH
Advocate for the Respondent : SC, N C HILLS
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 04-04-2022
Heard Mr. B. Baruah, learned counsel for the petitioner and Mr. R. Dhar,
learned Standing counsel, Public Works Department for the respondent no. 1
and Mr. R.M. Das, learned Standing Counsel, Dima Hasao Autonomous Council,
for the respondent nos. 2-6.
2. The case of the petitioner, in brief, is that he is a registered contractor
with the respondent Public Works Department. In response to a tender notice
dated 15.12.2014, the petitioner submitted his bid and after having emerged
successful in the process, he was awarded the contract work viz. 'M & Bt of
Langting Mitherdisa Road [Remaining portion of Ch. 1225.00 mt] under HADP
[Additive Plan] for the year 2014-15. [Ch.1225.00 mt to Ch. 1625.00 mt, Length
= 0.40 Km]' ['the Contract-Work', for short].
3. The case of the petitioner in the writ petition is that Administrative
Approval and Financial Sanction for the said Contract-Work was accorded on
15.12.2014 [Annexure-A]. The respondent authorities had issued the Formal
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Work Order dated 19.01.2015 [Annexure-D] to the petitioner at the tendered
value of Rs. 19,09,178/-. The petitioner has asserted that thereafter, he
proceeded to execute Contract-Work as per the specifications, drawings and
agreement. The respondent authorities inspected the Contract-Work and after
inspection, submitted a Inspection/Verification Report [Annexure-F] on
19.08.2015 certifying that the Contract-Work was completed to the extent of
100%. After completion of the contract work, the petitioner submitted his final
bills amounting to Rs. 19,09,178/-, the receipt of which was acknowledged by
the respondent authorities. As the said amount has not been disbursed till date,
the petitioner has approached this court by this writ petition seeking a direction
to the respondent authorities to disburse the said amount.
4. Referring to the averments made in the affidavit-in-opposition filed by the
respondent no. 3, Mr. Das, learned Standing Counsel, Dima Hasao Autonomous
Council has submitted that it has been admitted that the Contract-Work had
already been completed. The total value of the Contract-Work executed by the
petitioner is also not disputed. For making payment to the petitioner, a
supplementary demand for an amount of Rs. 19.9 lakh has already been
submitted by the respondent DHAC authorities to the State Government on
05.11.2009. It is submitted by Mr. Das that the said amount of Rs. 19.90 lakh
would be paid as and when the fund in respect of the supplementary demand is
received from the Government.
5. Mr. Das has further 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
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principles enunciated in the aforesaid judgment.
6. In view of the above submissions of the learned counsel for the parties,
this writ petition is disposed of at the admission stage itself with a direction to
the respondent nos. 2 and 3 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 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 respondent nos. 2 & 3 for doing the needful.
7. The writ petition stands disposed of in terms of the above directions.
JUDGE
Comparing Assistant
