Gauhati High Court
Biplab Chetia vs The State Of Assam And 5 Ors on 24 January, 2022
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GAHC010034192019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1158/2019
BIPLAB CHETIA
S/O LATE (DR) BIPIN CHETIA
R/O HOUSE NO. 15, KATIRAM MIKIR PATH,
NEAR JAPORIGOG, ASEB, GUWAHATI -5, DIST. KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY, GOVT. OF ASSAM, PUBLIC
WORKS DEPARTMENT, DISPUR, GUWAHATI - 6.
2:THE CHIEF ENGINEER
PWD (ROADS)
CHANDMARI
GUWAHATI-3.
3:THE CHIEF ENGINEER
PWD (BUILDING)
CHANDMARI
GUWAHATI-3.
4:THE DIRECTOR OF HEALTH SERVICES
DISPUR
GUWAHATI -6.
5:THE EXECUTIVE ENGINEER
PWD
GUWAHATI ELECTRICAL DIVISION
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CHANDMARI
GUWAHATI -3.
6:SUPERINTENDENT ENGINEER
PWD GUWAHATI ELECTRICAL CIRCLE
FANCY BAZAR
GUWAHATI -1
Advocate for the Petitioner : MR. S P CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
24.01.2022
Heard Mr. S.P. Choudhury, learned counsel for the petitioner and Mr. R. Dhar,
learned Standing Counsel, PWD appearing on behalf of the respondent nos.1, 2,
3, 5 & 6. Ms. S. Sarma, learned counsel appears on behalf of the respondent
no.4.
2. This writ petition has been filed for a direction upon the respondent
authorities for compliance to the judgment and order dated 24.03.2015 passed
in WP(C) 3220/2009, whereby this Court observed as follows :
"The matter pertains to non-payment of the bill amounts of the petitioner
amounting to Rs. 19,55,271/-. The bills are in respect of procurement of Quality
Control Equipments for PMGSY work for the year 2000-01 and 2001-02 as well
as for completed work of renovation and improvement of GMCH, Guwahati
(Electrical Works) Hostel under NEC's 10th Plan Scheme. During the course of
the proceeding an affidavit had been filed by the Respondent No. 4 i.e. the
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Chief Engineer, Public Works Department (Roads), Assam admitting that an
amount of Rs. 11,73,545/- is payable to the petitioner. In this respect, the
petitioner submits that pursuant thereof the petitioner has received an amount
of Rs. 10,49,719/-. In respect of the balance amount out of the total amount of
Rs. 19,55,271/- the Respondent No. 6 i.e. the Chief Engineer, Public Works
Department (Building) is directed to verify the claim and proceed to make
payment within the parameters of the Full Bench decision in Tamsher Ali's case
reported in (2008) 4 GLT 1. The said exercise shall be carried out as
expeditiously as possible preferably within a period of 3 months from today.
3. In terms with the above mentioned directions, this Court had observed
that as per the petitioner a balance amount of 19,55,271/- was payable to the
petitioner and as such a direction was issued to the Chief Engineer, Public Works
Department (Building) to verify the claim and proceed to make payment within
the parameters of the Full Bench decision in Tamsher Ali's case reported in 2008
(4) GLT 1. It was also made clear that the said exercise was to be completed
within a period of 3 months from the date of receipt of the order.
4. The case of the petitioner is that in spite of the specific directions issued
by this Court the respondent authorities have not acted upon it and have not
made the necessary verification and paid the amount to the petitioner to which
he is entitled.
5. Mr. R. Dhar, learned Standing Counsel appearing on behalf of the
respondents submits that upon verification it was found out that the amount of
Rs.7,67,711/- is payable to the petitioner and in that regard on account of
insufficient funds the respondent authorities had not been able to make the
payment. He further places on record a details of present requisition (for ceiling
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for works/project only) wherein it has been mentioned that Rs.7,67,711/- is the
balance payable to the petitioner and a demand was made for an amount of
Rs.5,95,777/- for making a budget provision in the financial year 2021-2022. He
also places a communication issued by the Executive Engineer to the Under
Secretary to the Government of Assam, PWD, Building & NH (Budget)
Department as regards the requirement of the fund of Rs.5,95,777/- to be paid
in favour of the petitioner. The Counsel for the respondents further submits that
the said amount payable of Rs.7,67,711/- which includes the amount of
Rs.5,95,777/- shall be paid to the petitioner within 3 (three) months from the
date of the instant order as per the instructions which he received from the
concerned respondent authorities.
6. Taking into account the said stand taken by the respondent authorities and
the admission to that effect that an amount of Rs.7,67,711/- is the amount
pending due to the petitioner, it is directed that the said respondent authorities
shall make the payment of the said amount of Rs. 7,67,711/- within a period of
three months from the date of the instant order without fail. The Registry is
directed to furnish a copy of the instant order to Mr. R. Dhar, learned counsel
appearing for the respondent nos.1, 2, 3, 5 & 6 to do the needful in terms with
the observations made hereinabove. The instructions submitted by the learned
counsel for the respondent nos.1, 2, 3, 5 & 6 ` kept on record and marked with
the letter 'X'.
7. The writ petition stands disposed of.
JUDGE
Comparing Assistant
