Tapan Medhi vs The State Of Assam And 4 Ors
2022 Latest Caselaw 4179 Gua

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GAHC010070502021




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

                           Case No. : WP(C)/2692/2021

         TAPAN MEDHI
         S/O LATE AMRIT MEDHI, R/O VILL. SALANA, P.O. AND P.S. KHETRI, DIST.
         KAMRUP (M), ASSAM, PIN 782403



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, WATER
         RESOURCES DEPTT., DISPUR, GUWAHATI 6

         2:THE CHIEF ENGINEER

          WATER RESOURCES DEPTT.
          ASSAM
          CHANDMARI
          GUWAHATI 3

         3:THE SUPERINTENDING ENGINEER

          NAGAON WATER RESOURCES CIRCLE
          NAGAON
          PIN 782001

         4:THE EXECUTIVE ENGINEER

          MORIGAON WATER RESOURCES DIVISION
          MORIGAON
          PIN 782105

         5:THE ASSTT. EXECUTIVE ENGINEER

          JAGIROAD WATER RESOURCES SUB DIVISION
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             JAGIROAD
             PIN 78241

Advocate for the Petitioner   : MR S MUKTAR

Advocate for the Respondent : SC, WATER RESOURCE




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

31-10-2022 Heard Shri S. Muktar, learned counsel for the petitioner. Also heard Shri B. Goswami, learned Advocate General representing the respondents.

The subject matter of this writ petition is non-payment of the contractual bills because of the lack of funds under the Flood Management and Border Areas Programme (FMBAP).

Both the learned counsel has submitted that in the meantime, a batch of writ petitions on the same subject matter has been disposed of vide a common judgment and order dated 27.09.2022 the lead case being WP(C) 4734/2021.

In the said batch of writ petitions, the following directions have been given:- "In view of the above, these writ petitions are being disposed of with the following directions :-

(1) Within 15 (fifteen) days from today, the concerned official of the State Government of Assam will communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority of the Ministry of Jal Shakti, Government of India.

(2) Within 60 (sixty) days from the date of receipt of such communication, the Ministry of Jal Shakti to release the amount due under the schemes to the concerned Department of the Government of Assam.

(3) Upon receipt of the amount, bills of the writ petitioners shall be processed and cleared within a further period of 45 days.

In view of the directions issued herein above, the respondents to complete the entire process within a period of four months from today."

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The present writ petition is also disposed of in the light of the aforesaid directions wherein the period for completion of 45 days has to be reckoned from today.

JUDGE

Comparing Assistant