Gauhati High Court
Basir Uddin Laskar vs The State Of Assam And 4 Ors on 14 August, 2023
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GAHC010006862021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/367/2021
BASIR UDDIN LASKAR
S/O LATE KASARAT ALI LASKAR, R/O KANAKPUR PT-II, P.O. SILCHAR,
DIST. CACHAR, ASSAM, PIN 788005
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM, PUBLIC WORKS
DEPTT., DISPUR, GUWAHATI-6, DIST. KAMRUP
2:THE CHIEF ENGINEER
PUBLIC WORKS DEPTT. (ROADS)
CHANDMARI
GUWAHATI
DIST. KAMRUP
PIN 781003
3:THE SUPERINTENDING ENGINEER
PWD ROAD
CACHAR CIRLCE
SILCHAR 788001
CACHAR
ASSAM.
4:THE EXECUTIVE ENGINEER
PWD RURAL ROAD DIVISION
PRESENTLY KNOWN AS PWRD SILCHAR AND UDHARBOND
TERRITORIAL ROAD DIVISION
SILCHAR 788001
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DIST. CACHAR
ASSAM.
5:THE ASSTT. EXECUTIVE ENGINEER
PWD SILCHAR
RURAL ROAD DIVISION
PWD RURAL ROAD DIVISION
PRESENTLY KNOWN AS PWRD SILCHAR AND UDHARBOND
TERRITORIAL ROAD DIVISION SILCHAR 78800
Advocate for the Petitioner : MR. I ALAM
Advocate for the Respondent : SC, PWD
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
ORDER
14.08.2023
The instant writ petition has been filed seeking a direction upon the
respondent authorities to release the pending dues of the petitioner in
respect to various contractual works amounting to Rs.6,00,547/-.
2. From the perusal of the materials on record, it reveals that in respect
to various contracts, there has been certain balance dues wherein no
payment has been made to the petitioner. The petitioner, accordingly,
submitted an RTI application before the Public Information Officer, Office
of the Executive Engineer, PWD, Silchar & Udharbond Territorial Road
Division, Silchar.
3. To the said application, the Public Information Officer, Office of the
Executive Engineer, PWD, Silchar & Udharbond Territorial Road Division,
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Silchar submitted a statement wherein in respect to various contracts, the
petitioner after having received various amounts is still entitled to an
amount of Rs.6,00,547/-.
3. Mr. R. Dhar, the learned counsel appearing on behalf of the PWD
submitted that although the said document on which the petitioner has
filed the instant writ petition is a document issued by the Public
Information Officer, Office of the Executive Engineer, PWD, Silchar &
Udharbond Territorial Road Division, Silchar, but as per the judgment of
the Full Bench in the case of Tamsher Ali vs. State of Assam & Others ,
reported in 2008 (4) GLT 1, it is the Chief Engineer of the Department
concerned who has to admit to the said bills and as the said dues have
not been admitted by the Chief Engineer, no writ ought to be issued in the
instant case.
4. This Court has given a due consideration to the matter and is of the
opinion that the information so given to the petitioner that the petitioner is
entitled to an amount of Rs.6,00,547/-, the said aspect needs to be
verified at the level of the Chief Engineer, Roads and upon such
verification, if the petitioner is entitled to any amount, the said amount
needs to be paid in terms with the direction passed by the Full Bench in
the case of Tamsher Ali (supra).
5. Accordingly, this Court, therefore, disposes of the instant writ
petition with a direction upon the Chief Engineer, Roads to make
verification as to whether the petitioner is entitled to the amount of
Rs.6,00,547/- as per the statement so given by the Public Information
Officer, Office of the Executive Engineer, PWD, Silchar & Udharbond
Territorial Road Division, Silchar and upon such verification to be carried
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out if it is found that the petitioner is entitled to, the same be paid in
terms with the direction so passed in Tamsher Ali (supra).
6. The said exercise of verification be carried out within one month
from the date of service of the certified copy of the instant order.
JUDGE
Comparing Assistant
