Binod Kumar Todi vs The State Of Assam And 4 Ors
2022 Latest Caselaw 1788 Gua

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GAHC010013512019




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

                           Case No. : WP(C)/446/2019

         BINOD KUMAR TODI
         CLASS-I CONTRACTOR, S/O- LT GHISALAL TODI AGARWALLA, R/O-
         KHELMATI, NORTH LAKHIMPUR, P.O. AND P.S. KHELMATI, NORTH
         LAKHIMPUR, PIN- 787031



         VERSUS

         THE STATE OF ASSAM AND 4 ORS.
         REP. BY THE SECY. TO THE GOVT. OF ASSAM, IRRIGATION DEPTT.,
         DISPUR, GHY-6

         2:THE UNDER SECRETARY TO THE GOVT. OF ASSAM
          IRRIGATION DEPTT. (BUDGET)
          2ND FLOOR B BLOCK
         ASSAM SACHIVALAYA
          DISPUR
          GHY-6

         3:THE CHIEF ENGINEER
          IRRIGATION DEPTT.
          GOVT. OF ASSAM
          CHANDMARI
          GHY-3

         4:THE ADDL. CHIEF ENGINEER
          ZONE-II
          IRRIGATION
         TEZPUR
          P.O. TEZPUR
          DIST- SONITPUR
         ASSAM
          PIN- 784001
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            5:THE EXECUTIVE ENGINEER
             ITAKHOLA DIVISION (IRRIGATION)
            TEZPUR- 784001
             DIST- SONITPUR
            ASSA

Advocate for the Petitioner   : MR. S K DAS

Advocate for the Respondent : SC, IRRIGATION




                                    BEFORE
                     HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                          ORDER

Date : 25.05.2022

Heard Mr. S. K. Das, learned counsel for the petitioner and Mr. N. Upadhya, learned standing counsel for the Irrigation Department.

2. The writ petitioner claims to be a Class-I PWD Contractor, who is registered with the Irrigation Department, Govt. of Assam as well as with various other Govt. Departments. The petitioner has executed various contract works under the Govt. Departments and particularly under the Irrigation Department. The petitioner also claims to be a registered contractor under GST.

3. The petitioner was allotted work by work order No. IID/W-I/Recon/CA dated 08.07.2015 for reconstruction of Bordikarai Irrigation Scheme under one time Central Assistance for 2004-05, reconstruction of escape Channel in main canal Name of Canal Main Canal Group No. B-86 Chainage 330 M to 570 M. The value of work was Rs. 18,42,824/-.

4. The claim of the petitioner is that the works allotted were duly completed in time and bill amounting to Rs.10,91,717/- was raised. The said amount is admitted to be due to the petitioner in statement which is enclosure as annexure 3 page 19, which is counter-signed by the Executive Engineer Itakhola Division (Irrigation) Itakhola and Accounts Officer, Itakhola Division (Irrigation) Itakhola.

5. The name of the petitioner is at Serial No. 1 where bill No. and Bill dated is reflected and an amount of Rs. 10,32,028/- is shown to be payable to the petitioner. The dues of the petitioner not having not released, a legal notice was issued to the respondent Department. In spite of such notices have issued, no payment was forthcoming from the Department and accordingly, the present Page No.# 3/3

writ petition has been filed seeking appropriate directions from this Court to the respondents to release the payments pertaining to the bills raised.

6. Mr. N. Upadhaya, learned standing counsel, Irrigation Department submits that although no affidavit has been filed but in terms of the judgment of this Court in Tamsher Ali and Ors Vs. State of Assam and Ors. reported in 2008 (4) GLT Page 1, the writ petition may be disposed of.

7. Having heard the learned counsels for the parties and upon perusal of the pleadings on record, this writ petition is disposed of with a direction more particularly to respondent no. 3, The Chief Engineer, Irrigations Department, Govt. of Assam, Chandmari, Guwahati -3. The Chief Engineer will verify the claims of the petitioner, which are stated to be duly certified by the Executive Engineer, Itakhola, pertaining to an amount of Rs. 10,32,028/- stated to have been payable to the petitioner for works executed.

8. The Chief Engineer after due verification will take all necessary steps for release of the amount be found to be payable to the petitioner in a time bound manner. The directions contained in Tamsher Ali and Ors Vs. State of Assam and Ors. reported in 2008 (4) GLT Page 1, be followed at the time of disbursement of payment to the petitioner. Any amount which have been released to the petitioner in the meantime, shall also be deducted from the amount found to be payable after due verification.

9. The entire exercise is directed to be completed within six months from the date furnishing of a certified copy of this Order.

10. The writ petition is accordingly disposed of. No order as to Cost.

JUDGE

Comparing Assistant