Nabajeet Das vs The State Of Assam And 5 Ors
2022 Latest Caselaw 3037 Gua

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GAHC010228792021




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

                          Case No. : WP(C)/976/2022

         NABAJEET DAS
         S/O- LATE GHANASHYAM DAS, R/O- VILLAGE BIJNI, WARD NO. 4, BIJNI
         MUNICIPALITY, CHIRANG, ASSAM, PIN- 783390.



         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REP. BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM,
         BLOCK-C, 3RD FLOOR, JANATA BHAWAN, DISPUR, GUWAHATI-781006,
         DIST.- KAMRUP(M), ASSAM

         2:THE BODOLAND TERRITORIAL COUNCIL
          GOVERNMENT OF ASSAM
          REP. BY THE PRINCIPAL SECRETARY
          BTC BODO NWGWR
          KOKRAJHAR
          P.O.
          P.S. AND DIST.- KOKRAJHAR
         ASSAM

         3:THE COUNCIL HEAD OF THE DEPARTMENT OF IRRIGATION
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR
          P.O.
          P.S. AND DIST.- KOKRAJHAR
         ASSAM

         4:THE EXECUTIVE ENGINEER
          KOKRAJHAR DIVISION (IRRIGATION)
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR
          P.O.
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             P.S AND DIST.- KOKRAJHAR
             ASSAM

            5:THE ASSISTANT EXECUTIVE ENGINEER
             BIJNI SUB-DIVISION (IRRIGATION)
             BIJNI.

            6:THE DEPUTY SECRETARY
             BODOLAND TERRITORIAL COUNCIL
             KOKRAJHAR

Advocate for the Petitioner   : MR. U K NAIR

Advocate for the Respondent : GA, ASSAM




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

17.08.2022 Heard Shri A. Boro, learned counsel for the petitioner. Also heard J. Handique, learned State Counsel as well as Shri SR Rabha, learned Standing Counsel, BTC.

2. The instant petition has been filed for a direction to release the contractual bills of the petitioner for works done under the BTC.

3. Shri Boro, learned counsel for the petitioner submits that an amount of Rs.28,69,413/- is pending for works duly done by the petitioner in the BTC. However, for reasons not disclosed, the amount has not been paid to the petitioner.

4. On the other hand, Shri Rabha, learned Standing Counsel, BTC submits that the bills could not be paid due to the fact that on earlier occasion, there have been anomalies in the matter of payment of contractual bills. Shri Rabha has also submitted that to examine the matter, a Committee has been constituted and a direction may be issued to examine the claims regarding payment for contractual works by following the guidelines laid down by a Full Bench judgment of this Court in the case of Tamsher Ali and ors. Vs. State of Assam reported in 2008 (4) GLT 1.

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5. In that view of the matter, this writ petition is disposed of by directing the petitioner to approach the Committee constituted vide the notification dated 15.11.2021 by placing all the relevant documents and the claims.

6. It is needless to state that on receipt of such documents and claims, which may be submitted within ten days from today, the Committee will look into the correctness of the said claims and make recommendation for payment. As huge amount of public money is involved, the Committee is directed to take all possible safeguards.

7. The Committee will complete the aforesaid exercise within a period of 3(three) months from the date of receipt of such documents along with certified copy of this order.

JUDGE

Comparing Assistant