Aslam Tariq Rahman vs The State Of Assam And 5 Ors
2023 Latest Caselaw 754 Gua

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GAHC010249192022




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

                         Case No. : WP(C)/7845/2022

         ASLAM TARIQ RAHMAN
         S/O LATE DR. MUHIBUR RAHMAN, R/O SOUTH AMOLAPATTY, P.O.-
         MOHANAGHAT, P.S.-DIBRUGARH, DIST-DIBRUGARH, ASSAM-786008

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM,
         IRRIGATION DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-6

         2:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT
         ASSAM SECRETARIAT
          DISPUR
          GUWAHATI-6

         3:CHIEF ENGINEER
          IRRIGATION DEPARTMENT
          GOVERNMENT OF ASSAM
          CHANDMARI
          GUWAHATI-3
         ASSAM

         4:SUPERINTENDING ENGINEER
          IRRIGATION DEPARTMENT
          DIBRUGARH CIRCLE
          IRRIGATION DIVISION
          DIBRUGARH
         ASSAM
          PIN-786001

         5:EXECUTIVE ENGINEER
          DIBRUGARH DIVISION (IRRIGATION)
          DIBRUGARH
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             ASSAM
             PIN-786001

            6:ASSISTANT EXECUTIVE ENGINEER
             DIBRUGARH DIVISION (IRRIGATION)
             DIBRUGARH
            ASSAM
             PIN-78600

Advocate for the Petitioner   : MR. N J GOGOI

Advocate for the Respondent : SC, IRRIGATION

                                     BEFORE
                    HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                           ORDER

Date : 24-02-2023

Heard Mr. N.J. Gogoi, learned counsel for the petitioner and Ms. D.S. Neog, learned Standing Counsel, Irrigation Department for all the respondents.

2. The petitioner has instituted the writ petition under Article 226 of the Constitution of India stating that he is a registered Class-I[A] Contractor under the Irrigation Department, Dibrugarh, Government of Assam and as such Contractor, he executed a number of works on behalf of the respondent authorities in the Irrigation Department. It is stated that by a work order bearing memo no. DD[I]/Tech/CS-I/14/2020-21/366 dated 24.02.2021, the petitioner was awarded a contract work - "Regularisation of work for survey and documentation work of the scheme Sessa LIS under AIBP [Minor] for the year 2013-14" ['the Contract-Work', for short] at a contract value of Rs. 2,35,400/- [approx.]. On being awarded the Contract-Work, he proceeded to execute the same and completed the same on 25.02.2021. After executing the work, he had submitted the final bill for an amount of Rs. 2,35,400/- on 25.02.2021. When despite repeated approaches for disbursal of the said amount, the respondent authorities has not taken any discernible action for release of the same, the petitioner has stated to have approached by filling his application seeking inter alia a direction to the respondent authorities in the Irrigation Department to disburse the amount of Rs. 2,35,400/- to him.

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3. Ms. Neog, learned Standing Counsel, Irrigation Department has submitted, on instruction, that the amount of Rs. 2,35,400/-, as claimed by the petitioner, appears to be an admitted liability but yet, the same is required to examined. It is further submitted by Mr. Neog that the amount could not be disbursed to the petitioner till date due to paucity of fund. It is, thus, submitted by Ms. Neog that the instant 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 & Ors. vs. State of Assam & Ors.] , reported in 2008 [4] GLT 1 [FB] and similar other 194 writ petitions and, as such, the respondent authorities will process the claim of the petitioner in light of the principles enunciated in the aforesaid judgment.

4. Mr. Gogoi, learned counsel for the petitioner has submitted that the respondent authorities may be directed to take immediate action for disbursal of the amount of Rs. 2,35,400/- [Rupees Two Lakhs Thirty Five Thousand Four Hundred] immediately, in terms of the principles laid down in Tamsher Ali [supra].

5. In view of the above submissions made by the learned counsel for the parties, this writ petition is disposed of at the admission stage itself with a direction to the respondent no. 3 i.e. the Chief Engineer, Irrigation Department, Assam to examine the claim of the writ petitioner within a period of 45 days from the date of receipt of a certified copy of this order and then, the concerned respondent authorities will process the claim of the petitioner as regards disbursal of Rs. 2,35,400/- [Rupees Two Lakhs Thirty Five Thousand Four Hundred] in accordance with law and also in the light of the directions contained in Tamsher Ali [supra].

6. The petitioner after obtaining a certified copy of this order shall place the same before the respondent no. 3 i.e. the Chief Engineer, Irrigation Department, Assam for doing the needful from his end.

7. The writ petition stands disposed of in terms of the above directions.

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8. No order as to cost.

JUDGE

Comparing Assistant