Gauhati High Court
Sanjay Kr Basumatary vs The State Of Assam And 5 Ors on 3 February, 2022
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GAHC010015692022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/624/2022
SANJAY KR BASUMATARY
S/O SRI AKHARU BASUMATARY, R/O VILL-BORO BHATARMARI, WARD
NO. 3, P.O. AND P.S.-KOKRAJHAR, DIST-KOKRAJHAR, BTR, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT
OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-6
2:THE CHIEF ENGINEER
IRRIGATION
ASSAM
CHANDMARI
GUWAHATI-3
3:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY THE SECRETARY
BTC
P.O. AND DIST-KOKRAJHAR
PIN-783370
4:THE SECRETARY
IRRIGATION DEPARTMENT
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
P.O. AND DIST-KOKRAJHAR
BTR
ASSAM
PIN-783370
5:THE COUNCIL HEAD OF THE DEPARTMENT AND SUPERINTENDING
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ENGINEER
IRRIGATION DEPARTMENT
BTC
P.O. AND DIST -KOKRAJHAR
BTR
ASSAM
PIN-783370
6:THE EXECUTIVE ENGINEER
KOKRAJHAR DIVISION
IRRIGATION
P.O. AND DIST- KOKRAJHAR
BTR
ASSAM
PIN-78337
Advocate for the Petitioner : MR R DHAR
Advocate for the Respondent : SC, IRRIGATION
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 03-02-2022
Heard Mr. R Dhar, learned counsel for the petitioner. Also heard Mr. P
Nayak, learned counsel for all the respondents.
2. This writ petition under Article 226 of the Constitution of India
whereby the petitioner who was issued a preliminary formal work order dated
24.02.2020 by a sanctioned amount of Rs.19,00,000.00 in respect of
"Construction of brick lined channel from Raijw Fishery to Sikhar Brahma
paddy field" under SOPD (BTC). The petitioner submits that he has completed
the work to the satisfaction of the authorities and submitted his bill amounting
to Rs.18,62,368.00. It is the further contention of the petitioner that in spite
of acknowledgement of the said liability and statement of the utilization
certificate, completion certificate, physical inspection report etc, the petitioner
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has not been paid his legitimate dues for which the petitioner has approached
this Court under Article 226 of the Constitution of India.
3. Mr. Nayak, learned Standing Counsel, BTC has submitted that though
from the documents annexed to this writ petition it is prima facie reflected that
the petitioner had completed the Contract-Work, but still there is requirement
for verification of the matter. It is submitted that a decision has been taken by
the respondent BTC authorities to examine all the pending claims relating to
contract works and to that effect the respondent no. 2 has passed an order on
15.11.2021. As per the said order, the respondent BTC authorities have
undertaken to examine all the cases relating to outstanding liabilities within a
period of 6 [six] months from the date of issuance of the said order. Mr. Nayak
has placed a copy of the said order before this Court.
4. The order bearing No. BTC/F(Audit)/49/2021/Pt-I/1] dated Kokrajhar,
the 15th November, 2021 reads as under :- "
BODOLAND TERRITORIAL COUNCIL SECRETARIAT BODOFA
NWGWR::KOKRAJHAR
No. BTC/F(Audit)49/2021/Pt-I/1 Dated- Kokrajhar, the 15th November, 2021
ORDER
WHEREAS it has been noticed that huge number of outstanding liabilities have been
created by the erstwhile BTAD authority since 2011 to February, 2020 through
contractual work orders to the Contractors/Suppliers, etc. under various entrusted
departments of BTC without corresponding budget provisions
WHEREAS the outstanding liabilities created by the erstwhile BTAD authority are
required to undergo detail examination and verification in the context of proposals of
such works made, NIT, selection of successful bidders, quality of works, completion of
works, fund position, part payment, etc.
WHEREAS it is further noticed that a good number of court cases have been filed
before the Hon'ble Gauhati High Court as well as in the District Courts of respective
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District Jurisdictions under BTAD by the Contractors/Suppliers, etc. praying for release
of payments to the Contractors/Suppliers, etc. against their respective work orders
WHEREAS, reportedly, out of the aforesaid contractual works, some part payments
also made against portion of works completed by the Contractors/Suppliers, etc. by
the erstwhile BTAD authority in certain cases. However, such fund flow does not
follow any rationale and is found to be arbitrant
AND THEREFORE, in view of the above facts and circumstances, the BTC has decided
to verify all such works by conducting comprehensive audit, financial verification and
physical verification wherever applicable, against all such contractual works in the
Govt. level and further to complete the whole exercise in this regard within 6 (six)
months from the date of issue of this order. After verifying the same, if it is found
that the claims are admissible after following all established financial norms, the same
shall be processed in accordance with law and as per decision contained in Tamsher
Ali and others vs. State of Assam and others Page No. 5/5 reported in 2008 (4) GLT 1
accordingly. Furthermore, if instances of wrongdoing or misappropriation are found
during such comprehensive audit, financial verification and physical verification
wherever applicable, appropriate legal action would be taken against the
persons/agencies/firms concerned in accordance with the applicable laws.
This order shall come into force with immediate effect."
5. Mr. Dhar, learned counsel for the petitioner having gone through the
said order, has submitted that the process regarding payment of the
outstanding dues to the petitioner shall be completed within the stipulated
time period as mentioned in the said order.
6. Having considered the contents of the said order dated
15.11.2021 and the decision of 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, it is considered appropriate that the respondent authorities
in the respondent BTC shall undertake the exercise in terms of the said order
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dated 15.11.2021 in respect of the claims of the petitioner also and complete
the exercise within the time frame mentioned in the order. If after such
exercise, the petitioner is found entitled to the amount of Rs.18,62,368.00 or
any other amount, the same shall be released in favour of the petitioner
forthwith thereafter. The petitioner shall submit a certified copy of this order to
the respondent no. 3 within 7 [seven] days from today for his doing the
needful.
7. The writ petition stands disposed of in terms of the above observation
and direction.
JUDGE
Comparing Assistant
