Gauhati High Court
Samlai Narzary vs The State Of Assam And 5 Ors on 13 May, 2022
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GAHC010084942022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3108/2022
SAMLAI NARZARY
S/O LT. JALARSING NARZARY
R/O VILL- PARBATJHORA P.O.KOILA MOILA
DIST. CHIRANG, BTR, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. 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 COUNCIL
REP. BY THE PRINCIPAL SECRETARY
BTC
P.O. AND DIST. KOKRAJHAR
PIN CODE- 783370
4:THE SECRETARY
P AND R.D. BTC
KOKRAJHAR
P.O. AND DIST. KOKRAJHAR
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ASSAM
PIN-783370
5:THE DIRECTOR
PANCHAYAT AND RURAL DEVELOPMENT
BTC
P.O. AND DIST. KOKRAJHAR
ASSAM
PN-783370
6:THE BLOCK DEVELOPMENT OFFICER BOROBAZAR T.
DEVELOPMENT BLOCK
BOROBAZAR
P.O. BOROBAZAR
DIST. CHIRANG
BTR
ASSAM
PIN-78339
Advocate for the Petitioner : MR R DHAR
Advocate for the Respondent : SC, P AND R.D.
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 13-05-2022
Heard Mr. R. Dhar, learned counsel for the petitioner; Mr. N.K. Deb Nath,
learned Standing Counsel, Panchayat & Rural Development Department [P&RD]
for the respondent nos. 1 & 2; and Mr. S.R. Rabha, learned Standing Counsel,
BTC for the respondent nos. 3-6.
2. The subject-matter in this writ petition is execution of a contract work
viz. 'Construction of road Palangsuguri to West Gumurgaon Village road RCC box
culvert with sand gravel' ['the Contract-Work', for short] and non-disbursal of an
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amount of Rs. 5,00,000/- in favour of the petitioner which the petitioner has
claimed to be due from the authorities in the BTC.
3. The case projected by the petitioner in this writ petition, in brief, is that
Administrative Approval for the Contract-Work was accorded on 20.06.2018.
Thereafter, the Technical Sanction was accorded on 27.06.2016 [Annexure-2 to
the writ petition] for the Contract-Work. The petitioner has asserted that after
compliance of the requisite formalities, he proceeded to execute the Contract-
Work as per the specifications, drawings and agreement and completed the
same. The authorities in the respondent BTC physically verified the Contract-
Work and found that the Contract-Work had been completed as per the
specifications, drawings, and agreement. The petitioner has stated that the total
value of the Contract-Work is Rs. 15,00,000/-. The petitioner has submitted his
final bill amounting to Rs. 15,00,000/- to the respondent authorities. Out of the
said total contract value of Rs. 15,00,000/-, the petitioner has already been paid
an amount of Rs. 10,00,000/- as a 1 st installment. It is the case of the petitioner
that though the respondent no. 4 issued an order dated 24.03.2021 [Annexure-
5] according sanction to release the balance amount of Rs. 5,00,000/- but the
same has not yet been disbursed in favour of the petitioner.
4. Mr. Rabha, 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. 3 has passed an order on
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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. Rabha
has submitted that the case of the petitioner can be considered in similar
manner as indicated in the order dated 15.11.2021. Mr. Rabha has placed a
copy of the said order before this Court.
5. 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. 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
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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."
6. Mr. Dhar, learned counsel for the petitioner having gone through the
order dated 15.11.2021, 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.
7. Having considered the contents of the said order dated 15.11.2021; 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 .],
and similar other 194 writ petitions reported in 2008 [4] GLT 1 [FB]; and
considering the fact that the petitioner has already been paid an amount of Rs.
10,00,000/- out of the total contract value of Rs. 15,00,000/-, it is considered
appropriate that the respondent authorities in the BTC shall undertake and
complete similar kind of exercise, like the one mentioned in the order dated
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15.11.2021, in respect of the claim of the petitioner also within a period of 3
[three] months. If after such exercise, the petitioner is found entitled to the
amount of Rs. 5,00,000/- or any other amount, the same shall be released in
favour of the petitioner in terms of the decision in Tamsher Ali [supra]. The
petitioner shall submit a certified copy of this order to the respondent no. 3 i.e.
the Principal Secretary, Bodoland Territorial Council [BTC], Kokrajhar within 7
[seven] days from today for his doing the needful.
8. The writ petition stands disposed of in terms of the above observation
and direction.
JUDGE
Comparing Assistant
