Page No.# 1/4 vs The State Of Assam And 5 Ors
2023 Latest Caselaw 1101 Gua

                                                               Page No.# 1/4

GAHC010053062023




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

                          Case No. : WP(C)/1496/2023

         UTPAL DEKA AND ANR
         S/O- LT. CHANA RAM DEKA,
         RESIDENT OF MANGALDOI GAON,
         P.O. AND P.S.- MANGALDOI,
         DIST.- DARRANG, ASSAM,
         PIN- 784125.

         2: M/S MUNNI ENTERPRISE
          REPRESENTED BY ITS PROPRIETOR

         SRI UTPAL DEKA

         S/O- LT. CHANA RAM DEKA

         RESIDENT OF MANGALDOI GAON

         P.O. AND P.S.- MANGALDOI

         DIST.- DARRANG
         ASSAM

         PIN- 784125

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM,
         WATER RESOURCES DEPARTMENT,
         DISPUR, GUWAHATI-6, ASSAM.

         2:THE CHIEF ENGINEER
         WATER RESOURCES DEPARTMENT
          CHANDMARI
          GUWAHATI-3
                                                                          Page No.# 2/4

             ASSAM.

             3:THE SUPERINTENDING ENGINEER
              SOUTHERN ASSAM CIRCLE
             WATER RESOURCES DEPARTMENT
              CHANDMARI
              GUWAHATI-3
             ASSAM.

             4:THE EXECUTIVE ENGINEER
              MANGALDOI WATER RESOURCES DIVISION
              MANGALDOI
             ASSAM.

             5:THE SECRETARY TO THE GOVT. OF ASSAM
              REVENUE AND DISASTER MANAGEMENT (GENERAL) DEPARTMENT
              DISPUR
              GUWAHATI-6
             ASSAM.

             6:THE DEPUTY COMMISSIONER
              DARRANG
              MANGALDOI
             ASSAM

Advocate for the Petitioner   : MR. P K MAZUMDAR

Advocate for the Respondent : SC, WATER RESOURCE




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

20.03.2023 Heard Shri PK Mazumdar, learned counsel for the petitioners, who have filed this petition for release of the contractual bills in respect of the works done by the petitioners, namely, "Immediate measures to restore flood damages on Noanadi L/B embankment from Sitikapara to Rajghat (including closing of breach at Mojachuburi) under SDRF 2018-19 (Part-I)".

Page No.# 3/4

The learned counsel for the petitioners, Shri Mazumdar has drawn the attention of this Court to a Completion Certificate issued by the Executive Engineer, Mangaldai Water Resourced Division.

Though a Completion Certificate is there, there is no acknowledgment of the dues of the petitioners by the Chief Engineer, as required in a case of present nature in terms of the judgment of the Hon'ble Full Bench of this Court in the case of Tamsher Ali & Ors. Vs. The State of Assam & Ors., reported in 2008 (4) GLT 1.

Issue Notice, returnable by 4 weeks.

Ms. D Jain, learned counsel appearing on instructions of Shri RM Das, learned Standing Counsel, Water Resources Department, Assam accepts notice on behalf of the respondent nos. 1, 2, 3 and 4 whereas Ms. PR Mahanta, learned Standing Counsel, Revenue Department, Assam accepts notice on behalf of the respondent no.

5. Ms. S Sarma, learned State Counsel, Assam accepts notice on behalf of the respondent no. 6.

Extra copies of the writ petition along with its annexures be served upon the learned counsel for the respondents by tomorrow i.e., 21.03.2023.

Registry is directed to show the name of the learned Standing Counsel, Revenue Department, Assam.

It is, however noticed that for the same work, two other writ petitions have been filed by different petitioners which incidentally had come up for motion today. Those cases are WP(C)/1524/2023 and WP(C)/1560/2023.

The matter would require a clarification from the learned counsel for the petitioners as well as the Department's counsel.

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Hence, list this case after 4 weeks along with WP(C)/1524/2023 and WP(C)/1560/2023.

JUDGE

Comparing Assistant