Gauhati High Court
Harun Daimari vs The State Of Assam And 4 Ors on 25 February, 2022
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GAHC010023522022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/871/2022
HARUN DAIMARI
S/O- NABIN DAIMARI, R/O- VILL.- SAMTAIBARI, P.O. SATRAPARA, DIST.-
UDALGURI, B.T.A.D., ASSAM, PIN- 784510.
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM,
PUBLIC WORKS ROAD DEPARTMENTS, DISPUR, GUWAHATI-781006.
2:THE BODOLAND TERRITORIAL COUNCIL
REP. BY THE PRINCIPAL SECRETARY
BODOFA NWGWR
KOKRAJHAR
B.T.A.D.
ASSAM
PIN- 783370.
3:THE JOINT SECRETARY
BODOLAND TERRITORIAL COUNCIL
PUBLIC WORKS DEPARTMENT
BODOFA NWGWR
KOKRAJHAR
B.T.A.D
ASSAM
PIN- 783370.
4:THE ADDITIONAL CHIEF ENGINEER-CUM-DIRECTOR
PUBLIC WORKS DEPARTMENT
BODOLAND TERRITORIAL COUNCIL
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BODOFA NWGWR
KOKRAJHAR
B.T.A.D.
ASSAM
PIN- 783370.
5:THE EXECUTIVE ENGINEER
PUBLIC WORKS DEPARTMENT
KOKRAJHAR RURAL ROADS DIVISION
KOKRAJHAR
B.T.A.D.
ASSAM
PIN-783370
Advocate for the Petitioner : J U AHMED
Advocate for the Respondent : SC, PWD
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
25.02.2022
Heard Mr. J.U. Ahmed, learned counsel for the petitioner and Mr. R.B. Bora, learned Standing
Counsel, BTC for the respondent nos. 2 - 5.
2. The subject-matter in this writ petition is execution of a contract work viz.
"Improvement of road from Narikalmokha to Sandhyabari in Udalguri Rural Road Division
under PWD [AOP] fund for the year 2016-2017" ['the Contract-Work', for short] and non-
disbursal of an amount of Rs. 19,80,249/- in favour of the petitioner which the petitioner has
claimed to be due from the authorities in the BTC for executing the Contract-Work.
3. The case projected by the petitioner in this writ petition is that after Administrative
Approval dated 16.02.2017 [Annexure-A to the writ petition] and Technical Sanction dated
09.08.2017 [Annexure-B to the writ petition] for the Contract-Work, a work order dated
11.09.2017 [Annexure-C to the writ petition] for execution of the Contract-Work was issued in
favour of the petitioner at his tendered value of Rs. 19,80,283/-. The petitioner has asserted
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that after issuance of the work order, he proceeded to execute the Contract-Work as per the
specifications, drawings and agreement and accordingly, he completed the Contract-Work on
19.05.2018. The respondent authorities in the BTC physically verified the Contract-Work and
found that the Contract-Work had been completed as per the specifications, drawings, and
agreement. In that connection, the respondent no. 3 had issued a completion certificate
dated 19.05.2018 [Annexure-D to the writ petition] certifying that the total expenditure
incurred was Rs. 19,80,249/-. After completion of the Contract-Work, the petitioner submitted
his final bill amounting to Rs. 19,80,249/-. The respondent no. 4, by his letter dated
13.06.2018 had informed the respondent no. 3 that for the Contract-Work, an amount of Rs.
19,50,249/- would be necessary. With the said letter dated 13.06.2018, all the required
documents were forwarded. As the said amount of Rs. 19,80,249/- has not been disbursed by
the authorities in the BTC till date, the petitioner has approached this court by this writ
petition seeking a direction to the respondent authorities to disburse the said amount.
4. Ms. 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 the respondent no. 1 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. Ms. Bora has placed a copy of the said
order before this Court.
5. 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
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."
6. Mr. Ahmed, learned counsel for the petitioner having gone through the order dated
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15.11.2021, 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.
7. 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.], and similar other 194 writ petitions
reported in 2008 [4] GLT 1 [FB], 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 the amount of Rs. 19,80,249/- 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
at the office of the Principal Secretary, Bodoland Territorial Council, Kokrajhar i.e. the
respondent no. 2 within 7 [seven] days from today for his doing the needful.
8. The writ petition stands disposed of in terms of the above observation and direction.
JUDGE
Comparing Assistant
