Gauhati High Court
Samlai Narzary vs The State Of Assam And 5 Ors on 9 May, 2022
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GAHC010084952022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2965/2022
SAMLAI NARZARY
S/O- LATE JALARSING NARZARY, R/O- VILL.- KOILA MOILA, P.O. KOILA
MOILA, DIST. CHIRANG, 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-6.
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
ASSAM
JURIPAR
PANJABARI
GUWAHATI-37.
3:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY THE PRINCIPAL SECRETARY
BTC
P.O. AND DIST. KOKRAJHAR
PIN- 783370.
4:THE SECRETARY
P AND RD BTC
KOKRAJHAR
P.O. AND DIST. KOKRAJHAR
ASSAM
PIN- 783370.
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5:THE DIRECTOR
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
BTC
P.O. AND DIST. KOKRAJHAR
ASSAM
PIN- 783370.
6:THE BLOCK DEVELOPMENT OFFICER
BOROBAZAR T. DEVELOPMENT BLOCK
BOROBAZAR
P.O. BOROBAZAR
DIST. CHIRANG
BTR
ASSAM
PIN- 783393
Advocate for the Petitioner : MR R DHAR
Advocate for the Respondent : SC, P AND R.D.
BEFORE
THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
Order
09.05.2022
Heard Mr. BC Muchahary, learned counsel for the petitioner; Mr. N D
Sarma, learned Standing Counsel, Panchayat & Rural Development Department
for the respondent Nos.1, 2 & 5 and Mr. RK Muchahary, learned Standing
counsel, BTC.
2. The petitioner was issued a formal work order dated 13.08.2018 for a
sanctioned amount of Rs.17,82,176.00 in respect "Construction of road from
Odalguri LP School to Kanamakra river village road RCC box culvert with sand
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gravelling "under SOPD fund for the year 2018-19. 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, 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. Muchahary, 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.
Muchahary 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
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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."
5. Mr. Muchahary, 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
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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 30.08.2018 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. 17,82,176.00 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 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
