Page No.# 1/4 vs The State Of Assam And 5 Ors
2022 Latest Caselaw 1895 Gua

                                                                  Page No.# 1/4

GAHC010158362020




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

                          Case No. : WP(C)/4670/2020

         M/S TECH BUSINESS INDIA PVT. LTD. AND ANR.
         HAVING ITS REGISTERED OFFICE AT VIP ROAD, NEAR RAHMAN
         HOSPITAL, SIXMILE, GUWAHATI-781002

         2: CHANAKYA BARMAN
          MANAGING DIRECTOR OF M/S TECH BUSINESS INDIA PVT. LTD. S/O LT.
         PRAFULLA CHANDRA BARMAN
          R/O SIXMILE VIP ROAD CHANDAN NAGAR
         TRIBENI PATH
          P.O. KHANAPARA
          P.S. DISPUR
          GUWAHATI-781022
          KAMRUP (M)
         ASSA

         VERSUS

         THE STATE OF ASSAM AND 5 ORS.
         REP. BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES
         DEPTT. DISPUR, GUWAHATI-781006

         2:THE CHIEF ENGINEER
         WATER RESOURCES DEPTT. CHANDMARI
          GUWAHATI-781003
          DIST. KAMRUP (M)

         3:THE SUPERINTENDING ENGINEER
         WATER RESOURCES CIRCLE NALBARI CIRCLE NALBARI
         ASSAM
          PIN-781335

         4:THE EXECUTIVE ENGINEER
          NALBARI WATER RESOURCES DIVISION NALBARI
          DIST. NALBARI
                                                                                      Page No.# 2/4

             ASSAM
             PIN-781335

            5:THE DISTRICT DEVELOPMENT COMMISSIONER
             INSPECTING OFFICER DIST. NALBARI
             PIN-781335

            6:THE DEPUTY COMMISSIONER NALBARI
             DIST. NALBARI
             PIN-78133

Advocate for the Petitioner   : MR. B D KONWAR SR. ADV.

Advocate for the Respondent : GA, ASSAM




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                             ORDER

31.05.2022

Heard Mr. H. Agarwal, learned counsel for the petitioners; Ms. S. Chutia, learned Standing Counsel, Water Resources Department for the respondent nos. 1 and 2; and Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 5 and 6.

2. It is the projected case of the petitioner that in a competitive bidding process initiated by a Notice Inviting Tender [NIT] for the contract-work viz. "Immediate measures to M.E. along B/B of Nadla drainage channel from Railway line to its outfall at river Buradia under SDRF for 2016-2017 [Bank restoration of river channel at different reaches at Mazkuchi, Kanaitola, Barpit, etc." ['the Contract-Work', for short], the petitioner submitted its bid for the Contract-Work by entering into a joint venture agreement with one M/s Ruhi Enterprise. Upon evaluation of the bids of the participating bidders, the petitioner emerged as the successful bidder and his bid was accepted for the Contract-Work at his quoted bid value @ Rs. 41,51,209.60. The petitioner was thereafter, awarded the Contract-Work vide an Work Order Page No.# 3/4

dated 22.06.2017, subject to compliance of formalities mentioned therein. The petitioner had entered into a contract agreement with the respondent authorities and proceeded to execute the Contract-Work as per the items, quoted rate, quantity, location, etc. Upon completion of the Contract-Work, a completion certificate was issued in respect of the Contract-Work by the respondent no. 5 and the respondent no. 6 conjointly certifying that the Contract-Work was completed on 30.11.2018. The petitioner had thereafter, submitted his final bill for an amount of Rs. 41,51,209.60. Despite submission of such final bill amounting to Rs. 41,51,209.60, the same 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. Ms. Chutia, learned Standing Counsel, Water Resources Department has submitted, on instruction, that the petitioner had completed the Contract-Work for the respondent authorities. It is submitted by Ms. Chutia that since there is no dispute to the fact that the contract-Work had been duly executed by the petitioner, the 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.

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 Page No.# 4/4

the respondent no. 2 i.e. 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