Kushal Ch. Baishya @ Kushal ... vs The State Of Assam And 3 Ors
2022 Latest Caselaw 325 Gua

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GAHC010013672022




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

                                 Case No. : WP(C)/559/2022

            KUSHAL CH. BAISHYA @ KUSHAL BAISHYA
            S/O- LATE DHANIRAM BAISHYA, R/O- VILL.- DOLIBARI, P.S. HAJO, P.O.
            DADARA, DIST.- KAMRUP, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
            ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-6.

            2:THE EXECUTIVE ENGINEER
             GUWAHATI EAST WATER RESOURCE DIVISION
             REHABARI
             GUWAHATI-8.

            3:THE SUPERINTENDING ENGINEER
             SOUTHERN ASSAM WATER RESOURCE CIRCLE
             CHANDMARI
             GUWAHATI-3.

            4:THE CHIEF ENGINEER
            WATER RESOURCES DEPARTMENT
             GOVERNMENT OF ASSAM
             CHANDMARI
             GUWAHATI-3

Advocate for the Petitioner   : MR. M A SHEIKH

Advocate for the Respondent : SC, WATER RESOURCE
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                                   BEFORE
                    HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                           ORDER

Date : 01-02-2022

Heard Ms. F Intaz, the learned counsel appearing on behalf of the petitioner. Also heard Mr. P Kakoti, learned counsel appears on behalf of the respondents.

2. The instant writ petition has been filed challenging the inaction of the respondent authorities in not making the payment of an amount of Rs.2,85,956/- which is the balance due to the petitioner in respect to the works completed by the petitioner.

3. The counsel for the petitioner submits that this Court had issued similar directions whereby the respondent authorities were directed to act in terms with the judgment of the Full Bench in the case of Tamsher Ali v. State of Assam & ors reported in 2008 (4) GLT 1 . The counsel for the respondents submits that he has no objection if such similar direction to that effect is being passed directing the respondent authorities to consider the case of the petitioner in terms with the judgment of this Court in Tamsher Ali (supra).

4. Accordingly, this petition stands disposed of with a direction to the respondent authorities to consider the case of the petitioner in terms with the directions issued by the Full Bench of this Court Tamsher Ali (supra)

5. Writ petition stands disposed of in the above terms.

JUDGE

Comparing Assistant