N. C. Das And Co vs The Union Of India And 3 Ors
2022 Latest Caselaw 27 Gua

                                                                     Page No.# 1/2

GAHC010222112021




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

                                 Case No. : WP(C)/7278/2021

            N. C. DAS AND CO.
            A FIRM HAVING ITS HEAD OFFICE AT R.D. ROAD WARD NO. 5 RANGIA P.O.
            RANGIA P.S. RANGIA DIST. KAMRUP (R) ASSAM PIN-781354 REP. BY ONE
            OF ITS PARTNER SRI NABA DAS AGE 55 YEARS



            VERSUS

            THE UNION OF INDIA AND 3 ORS.
            REP. BY THE GENERAL MANAGER (CON) N.F. RAILWAY MALIGAON
            GUWAHATI-781011 DIST. KAMRUP (M) ASSAM

            2:THE CHIEF ENGINEER CONSTURCTION IX
             N.F. RAILWAY MALIGAON
             GUWAHATI-781011 DIST. KAMRUP (M) ASSAM

            3:THE DEPUTY CHIEF ENGINEER
             CONSTRUCTION IX N.F. RAILWAY MALIGAON-781011 DIST. KAMRUP (M)
            ASSAM

            4:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST (HOF)
             GOVT. OF ASSAM
            ARANNYA BHAWAN PANJABARI GUWAHATI DIST. KAMRUP (M) PIN-78103

Advocate for the Petitioner   : MR. U K GOSWAMI

Advocate for the Respondent : SC, NF RLY

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BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK

03-01-2022

Heard Mr. U. K. Goswami, learned counsel for the petitioner and Mr. B. Sarma, learned Standing counsel, Railways for the respondent Nos. 1, 2 & 3. Also heard Mr. R. Gogoi, learned Standing counsel, Forest Department for the respondent No. 4.

It is submitted by the petitioner that pursuant to the work order dated 28.03.2017 regarding "Construction of 75 unit Type-II (Double Storied), 21 unit Type-III and 1 unit Type-IV and 1 unit Type- V quarters, RBG Room, Passenger Platforms, Goods Platforms, P/F shelters, FOB and all other ancillary works from Km 0.00 to Km. 19.00 (including New Bongaigaon, Maligaon and ABhayapuri Station yard) in connection with NBQ-KYQ (New Bangaigaon to Kamakhya) Broad Gauge Doubling Project", petitioner has already completed the work and submitted its bill. However, the respondents Railway are yet to release the said bill of the petitioner.

In this regard, the petitioner has already placed for the Forest Royalty Clearance Certificate (FRCC) before the respondents Railway requesting it to furnish the specific quantity of forest items, enabling him to submit the necessary bills regarding procurement of forest items i.e., blasts and sand items etc. in terms of the order dated 28.03.2017, noted above.

Mr. Goswami, learned counsel for the petitioner also placed before the Court the judgment of this Court passed in WP(C) No. 4244/2021 on 02.09.2021 that was preferred by the petitioner earlier with regard to different segments in the Railway works wherein the learned Single Judge considering the decision of a Division Bench passed in WA 168/2017 on 04.05.2018 allowed the application of the petitioner.

List this matter on 17.01.2022 enabling the respondents Railway to place the up-to-date status regarding the payment of bill payable to the petitioner pursuant to the work order dated 28.03.2017.

JUDGE

Comparing Assistant