Baharul Islam vs The State Of Assam And 4 Ors
2022 Latest Caselaw 709 Gua

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GAHC010017862019




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

                           Case No. : WP(C)/612/2019

         BAHARUL ISLAM
         S/O.- BASIRUL ISLAM, R/O. VILL.- BHAURIA BHITA, P.S.- CHHAYGAON,
         DIST. KAMRUP(R), ASSAM, PIN CODE- 781136.



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         TO BE REP. BY THE SECRETARY, WATER RESOURCE DEPTT., DISPUR,
         GUWAHATI-781006.

         2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM
          FINANCE DEPTT.
          DISPUR
          GUWAHATI- 781006.

         3:THE CHIEF ENGINEER
         WATER RESOURCE DEPTT.
         ASSAM
          CHANDMARI
          GUWAHATI-3.

         4:THE EXECUTIVE ENGINEER (GUWAHATI WEST)

          WATER RESOURCE DIVISION
          BHARALUMUKH
          GUWAHATI-9.

         5:THE SUPERINTENDING ENGINEER

          PALASHBARI TOWN PROTECTION WATER RESOURCE CIRCLE
          GUWAHATI-9
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Advocate for the Petitioner   : MR. A MANNAF

Advocate for the Respondent : SC, WATER RESOURCE




                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                        ORDER

Date : 28.02.2022

Heard Mr. A. Mannaf, learned counsel for the petitioner and Mr. R.P. Kakati, learned Standing Counsel, Water Resource Department for all the respondents.

The petitioner had earlier approached this Court by a writ petition, W.P.[C] no. 6794/2016 seeking a direction to the respondent authorities in the Water Resources Department to disburse an amount of Rs. 24,87,580/- which he claimed to be outstanding liability in respect of the contract works he had executed for the respondent authorities in the Water Resources Department. The outstanding liability statement [Annexure-1 to the writ petition] was of the year 2016. The said writ petition, W.P.[C] no. 6794/2016 was disposed of by an order dated 11.11.2016 in terms of the judgment dated 29.09.2008 passed by the Full Bench of this Court in the case of Tamsher Ali and others vs. State of Assam and others, reported in 2008 [4] GLT 1. The petitioner had thereafter, approached this Court by Cont.Case[C] no. 21/2019 but the same was found to be barred by limitation under Section 20 of the Contempt of Courts Act, 1971. Therefore, Cont.Case[C] no. 21/2019 was withdrawn by the learned counsel for the petitioner with the prayer that he would file a writ petition. Hence, this writ petition.

The learned Standing Counsel, Water Resources Department shall obtain instructions as to what period of time the outstanding liabilities due to the Page No.# 3/3

contractors have been processed/disbursed and the chronological position of the petitioner in the records maintained by the respondent Water Resources Department.

List the case on 21.03.2022 to enable Mr. Kakati, learned Standing Counsel, Water Resource Department to place the instructions.

JUDGE

Comparing Assistant