Gauhati High Court
Amjad Ali vs The State Of Assam And 3 Ors on 21 February, 2022
Page No. 1/3
GAHC010144432019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4377/2019
AMJAD ALI
S/O. LT. HAZI BANIJ ALI, R/O. BHITOR DUAR, P.O. BHITOR DUAR, P.S.
CHAYGAON, DIST. KAMRUP (R), ASSAM.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY ITS COMM. AND SECY. TO THE GOVT. OF ASSAM, WATER
RESOURCE DEPTT., DISPUR, GUWAHATI-06.
2:THE CHIEF ENGINEER
WATER RESOURCE DEPTT.
GOVT. OF ASSAM
CHANDMARI
GUWAHATI-03.
3:THE SUPERINTENDING ENGINEER
PTP CIRCLE
W.R. DEPTT.
BHARALUMUKH
GUWAHATI-09.
4:THE EXECUTIVE ENGINEER
GUWAHATI WEST WATER RESOURCE DIVISION
BHARALUMUKH
GUWAHATI-09
Advocate for the Petitioner : DR. K U AHMED
Advocate for the Respondent : SC, WATER RESOURCE
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 21-02-2022
Heard Dr. K.U. Ahmed, learned counsel for the petitioner and Ms. S. Chutia, learned
Standing Counsel, Water Resources Department for all the respondents.
2. The grievance of the petitioner in the instant writ petition is that he is a registered
contractor with the respondent Water Resources Department. Pursuant to different Notices
Inviting Tenders [NIT], the petitioner was awarded a number of contracts works, as
mentioned in the Table in paragraph no. 4, in the writ petition, under the respondent no. 4
after being selected as the successful bidder. According to him, he had successfully completed
all the works under the scheme - "A/E measures to protect B/dyke of L/B from Gumi to
Kalatoli at Goroimari Majortop area in between Ch.27.80 km to Ch.31.90 km". After
completion of those contract works, he submitted the bills amounting to ₹ 2,09,679/- to the
respondent authorities in the Water Resources Department. Though a part payment was
made in favour of the petitioner, the balance amount is yet to be paid to him.
3. Referring to the affidavit-in-opposition filed by the respondent no. 2, Ms. Chutia has
submitted that it has been admitted that the total value of the contract works executed by
the petitioner was ₹ 2,29,679/- and out of that amount, an amount of ₹ 26,000/- had already
been paid to the petitioner as part-payment. It has been averred that the balance liability
amounting to ₹ 2,03,679/- could not be paid due to paucity of fund and a stand has been
taken that the said amount of ₹ 2,03,679/- could be paid as and when the fund is received
from the Government.
4. Ms. Chutia has submitted 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 process the claim of the petitioner
in the light of the principles enunciated in the aforesaid judgment.
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5. 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 Chief Engineer,
Water Resources Department, Assam to examine the claim of the petitioner within a period of
45 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].
6. The petitioner shall submit a certified copy of this order, to the Chief Engineer, Water
Resources Department, Assam for his doing the needful.
7. The writ petition stands disposed of in terms of the above directions.
JUDGE
Comparing Assistant
