Gauhati High Court
Biswanath Narzary vs The State Of Assam And 4 Ors on 14 February, 2022
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GAHC010108562020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3221/2020
BISWANATH NARZARY
S/O- SHRI NIREN NARZARY, VILL- BALLAMJHORA, P.O. SIMLAGURI,
DIST.- CHIRANG, B.T.A.D., ASSAM, PIN- 783381
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, PUBLIC
WORKS ROAD DEPTT., DISPUR, GHY-06
2:THE BODOLAND TERRITORIAL COUNCIL
REP. BY THE PRINCIPAL SECY.
BODOFA NWGWR
KOKRAJHAR
B.T.A.D.
ASSAM
PIN- 783370
3:THE SECRETARY
PUBLIC WORKS DEPTT.
BODOLAND TERRITORIAL COUNCIL
BODOFA NWGWR
KOKRAJHAR
B.T.A.D.
ASSAM
PIN- 783370
4:THE ADDL. CHIEF ENGINEER-CUM-DIRECTOR
PUBLIC WORKS DEPTT.
BODOLAND TERRITORIAL COUNCIL
BODOFA NWGWR
KOKRAJHAR
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B.T.A.D.
ASSAM
PIN- 783370
5:THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPTT.
KOKRAJHAR RURAL ROADS DIVISION
BODOLAND TERRITORIAL COUNCIL
BODOFA NWGWR
KOKRAJHAR
B.T.A.D.
ASSAM
PIN- 78337
Advocate for the Petitioner : MR A DASGUPTA
Advocate for the Respondent : SC, PWD
BEFORE
THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
Order
14.02.2022
Heard Mr. A Dasgupta, learned Senior counsel assisted Mr. Ms. B Das,
learned counsel for the petitioner. Also heard Mr. Bora, learned standing counsel
for the BTC and Mr. B Choudhury, learned standing counsel for the PWD.
2. This writ petition under Article 226 of the Constitution of India whereby the
petitioner who was issued contract for construction of works (i) Construction of
road by Metalling & Black topping from Satbindw Power Grid road Khurshakati
PMSGY road via Lalmati Village under BTC for the year 2013-14 vide letter No.
CS-07/ACE/BTC/KOK (R.R)/2016-17/ dated 08.09.2016 and (ii) Impt. of road
and CD works from old Choraikhola -Basugaon road to Salakati-Chwataki
PMGSY road under BTC for the year 2013-14 vide letter No. CS-
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07/ACE/BTC/KOK(R.R.)/2016-17/ dated 08.09.2016 by a sanctioned amount of
Rs.50,76,080/-. The petitioner submits that he has completed the work to the
satisfaction of the authorities and submitted his bill amounting to Rs.80,10,656/-
Rs. 39,76,924/-. The payment of Rs. 28,63,200/- and Rs. 5,40,000/- were made
to the petitioner and the due amount yet to be received by the petitioner. 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 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. Bora, 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 an order has been issued 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. Bora 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
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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
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."
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5. Mr. Dasgupta, learned Senior 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 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 any 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. 2 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
