Gauhati High Court
Khilikang Mashahary vs The State Of Assam And 5 Ors on 7 January, 2022
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GAHC010001512022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/99/2022
KHILIKANG MASHAHARY
S/O- LATEN ANARAM MASHAHARY ,
R/O- VILLAGE- ANTHAIBARI,
P.O-SIMBARGAON,
DIST- KOKRAJHAR, BTR,
ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT
OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT,
DISPUR, GUWAHATI-06
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI-37
3:THE BODOLAND TERRITORIAL REGION
REP BY THE PRINCIPAL SECRETARY
BTC
P.O AND DIST- KOKRAJHAR
4:THE SECRETARY
P AND RD
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
P.O AND DIST- KOKRAJHAR
ASSAM
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5:THE DIRECTOR
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
BTC
P.O AND DIST- KOKRAJHAR
ASSAM
6:THE BLOCK DEVELOPMENT OFFICER
KOKRAJHAR DEVELOPMENT BLOCK
TITAGURI
P.O- TITAGURI
DIST- KOKRAJHAR
ASSA
Advocate for the Petitioner : MR R DHAR
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 07-01-2022
Heard Mr. R. Dhar, learned counsel for the petitioner; Mr. A Roy, learned
Standing Counsel, Panchayat & Rural Development Department for the
respondent Nos.1 & 2 and Mr. RK Mushahary, learned Standing counsel,
BTC for respondent Nos.3 to 6.
2. This writ petition under Article 226 of the Constitution of India
whereby the petitioner who was issued a formal work order dated
15.09.2017 by a sanctioned amount of Rs.25,02,538.00 in respect of
work-"Construction of an RCC Box culvert earth filling and sand gravelling
from new Bhog A L.P. School to Perish Road" under Kokrajhar Dev. Block
Titaguri. The petitioner submits that he has completed the work to the
satisfaction of the authorities and submitted his bill. It is the further
contention of the petitioner that in spite of acknowledgement of the said
liability and statement of the utilization certificate, completion certificate,
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physical inspection report etc, the petitioner has not been paid his
legitimate dues for which the petitioner has approached this Court under
Article 226 of the Constitution of India.
3. Mr. Mushahary, 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. 2 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. Mr. Mushahary has placed a
copy of the said order before this Court.
4. 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
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.
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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 Page No. 5/5 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."
5. Mr. Dhar, learned counsel for the petitioner having gone through
the said order, 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.
6. 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.], reported in 2008 [4] GLT 1 [FB] and
similar other 194 writ petitions, 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. 25,02,538.00 or any other amount, the same shall be
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released in favour of the petitioner forthwith thereafter. The petitioner
shall submit a certified copy of this order to the respondent no. 3 within 7
[seven] days from today for his doing the needful.
7. The writ petition stands disposed of in terms of the above
observation and direction.
JUDGE
Comparing Assistant
