Gauhati High Court
Page No. 1/3 vs The State Of Assam And 3 Ors on 11 May, 2022
Page No. 1/3
GAHC010095752019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2907/2019
MAINUL HAQUE
S/O RACHIDUL HAQUE, R/O. 40 R.R.B. ROAD, NEAR ADP COLLEGE, SOUTH
HAIBORGAON, KHUTI KATIA IN THE DIST. OF NAGAON, ASSAM, PIN-
782002.
VERSUS
THE STATE OF ASSAM AND 3 ORS.
REP. BY SECY. TO THE GOVT. OF ASSAM, WATER RESOURCE DEPTT.,
DISPUR, GHY.-6.
2:THE CHIEF ENGINEER
WATER RESOURCE DEPTT.
CHANDMARI
GHY.- 781003.
3:THE SUPERINTENDING ENGINEER
WATER RESOURCE DEPTT.
MORIGAON CIRCLE
PIN- 781003.
4:THE EXECUTIVE ENGINEER
WATER RESOURCE DEPTT.
MORIGAON
PIN- 782105
Advocate for the Petitioner : MR. S S S RAHMAN
Advocate for the Respondent : SC, WATER RESOURCE
Page No. 2/3
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 11-05-2022
Heard Mr. S.S.S. Rahman, learned counsel for the petitioner and Ms. S. Chutia, learned
Standing Counsel, Water Resources Department for all the respondents.
2. The case projected on behalf of the petitioner is that on being selected as the
successful bidder in a competitive bidding process, the petitioner was awarded an work order
vide no. MGWRD/W-3/Pt.-I/2011-12/2 dated 26.03.2012 for the contract work namely - "R/S
to T/Dyke along both banks of Kopili River from Charaihagi to Tuklaitup [L/B], Basundhari to
Killing Kopili Junction [L/B] and Chaparmukh to Ahatguri Amsoi PWD Road [R/B] including
Anti Erosion measures at different reaches" ['the Contract-Work', for short]. The petitioner has
asserted that the said Contract-Work was completed by him and submitted the final bill.
Though 90% of the final bill amount was paid, an amount of ₹ 2,96,212/- has remained
outstanding to be paid by the respondent authorities in the Water Resources Department.
Aggrieved by non-disbursal of the said amount, the petitioner has approached this Court
seeking a direction to the respondent authorities to disburse the said amount.
3. Mr. Chutia has submitted that she has received instructions to the effect that the
petitioner started the Contract-Work on 03.04.2012 and completed the same on 31.05.2015.
Out of the said amount an amount of ₹ 2,96,212/-, an amount of ₹ 2,37,062/- has already
been released and the remaining amount of ₹ 59,150/- would be found to be paid as soon as
the fund is received from the Government. It is submitted by her that the demand for fund
has been submitted to the Government on 06.08.2019. Ms. Chutia has submitted that the
instant case is squarely covered by 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 and, as such, the
respondent authorities will examine the claim of the petitioner in the light of the principles
enunciated in the aforesaid judgment.
Page No. 3/3
4. In view of the above submissions of the learned counsel for the parties, this writ
petition is disposed of at the admission stage itself with a direction to the Chief Engineer,
Water Resources Department, Assam to examine the claim of the petitioner within a period of
45 days from the date of receipt of a certified copy of this order and, then, if the claim is
admitted, the respondent authorities would process the claim of the petitioner in accordance
with law and in the light of the directions contained in Tamsher Ali [supra].
5. The petitioner after obtaining a certified copy of this order, shall place the same before
the Chief Engineer, Water Resources Department, Assam for his doing the needful. The writ
petition stands disposed of in terms of the above directions.
JUDGE
Comparing Assistant
