Gauhati High Court
Raja Ahmed vs The State Of Assam And 7 Ors on 25 April, 2022
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GAHC010158522021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5195/2021
RAJA AHMED
S/O. LT. KAMAL AHMED, R/O. WARD NO.2, P.O. AND P.S. MANGALDAI,
DIST. DARRANG, ASSAM, PIN-784125.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPTT.,
DISPUR, GUWAHATI-06.
2:THE CHIEF ENGINEER
IRRIGATION
ASSAM
CHANDMARI
GUWAHATI-03.
3:THE SUPERINTENDING ENGINEER
MANGALDAI CIRCLE (IRRIGATION)
MANGALDAI
PIN-784125.
4:THE EXECUTIVE ENGINEER
MANGALDAI DIVISION (IRRIGATION)
MANGALDAI
PIN-784125.
5:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
DISPUR
GUWAHATI-6.
6:THE UNION OF INDIA
REPRESENTED BY THE COMMISSIONER
MINISTRY OF JAL SHAKTI
DEPARTMENT OF WATER RESOURCE
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RIVER DEVELOPMENT AND GANGA REJUVENATION
NEW DELHI-110001.
7:THE BRAHMAPUTRA BOARD
REPRESENTED BY ITS CHAIRMAN
ASSAM.
8:THE PRINCIPAL ACCOUNTANT GENERAL (AUDIT)
MAIDAMGAON
KRISHNANAGAR
BELTOLA
GUWAHATI
Advocate for the Petitioner : MR S MUKTAR
Advocate for the Respondent : MR R DHAR (SC, AG (A AND E), R- 8)
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 25-04-2022
Heard Mr. S.K. Muktar, learned counsel for the petitioner. Also heard Mr. N. Upadhyay,
learned Standing Counsel, Irrigation Department for the respondent nos. 1-4; and Mr. R.K.
Dev Choudhury, learned Assistant Solicitor General of India [ASGI] for the respondent nos. 6
& 7.
2. The case projected on behalf of the petitioner is that the petitioner was given 2 [two]
work orders viz. [i] work order no. W/251/2018/933 dated 26.04.2018 for approximate work
value of ₹ 2,90,000/-; and [ii] work order no. W/251/2018/919 dated 25.04.2018 for
approximate work value of ₹ 3,03,450/-. Both the contract works were under the Scheme -
'Laljura FIS under AIBP, 2013-14 [supply of construction materials]'. The petitioner has
asserted that the said two contract works were completed by him and thereafter, the final
bills for the said contract works were submitted. The contract works were duly verified on
behalf of the respondent authorities and a verification report was submitted [Annexure-D]. As
the total final bill amount of ₹ 5,88,800/- for the 2 [two] contract works has not been
released in favour of the petitioner against the aforesaid contract works, the petitioner has
preferred this writ petition.
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3. Mr. Upadhyay, learned Standing Counsel, Irrigation Department has submitted, on
instruction, that there is no dispute with regard to the bill final amount of the petitioner is
concerned. He has also submitted that 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 examine the claim of the petitioner
in the light of the principles enunciated in the aforesaid judgment and the amount would be
released in favour of the petitioner in terms of the direction passed in Tamsher Ali [supra] as
and when the fund is received.
4. 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 no. 2
i.e. the Chief Engineer, Irrigation Department, Assam to examine the claim of the petitioner
within a period of 45 [forty-five] 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].
5. The petitioner after obtaining a certified copy of this order, shall place the same before
the respondent no. 2 for doing the needful from his end.
6. The writ petition stands disposed of in terms of the above directions.
JUDGE
Comparing Assistant
