M/S Shivam Bhartia Jv vs The State Of Assam And 3 Ors
2023 Latest Caselaw 1823 Gua

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GAHC010084292023




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

                         Case No. : WP(C)/2412/2023

         M/S SHIVAM BHARTIA JV
         REP. BY SRI SANKAR CHARAN DAS
         S/O LATE AMBIKA CHARAN DAS
         R/O HOUSE NO.59, ZOO NARENGI ROAD,
         GEETANAGAR,
         P.O. BAMUNIMOIDAM
         P.S. GEETANAGAR,
         DIST. KAMRUP (M), ASSAM


         VERSUS

         THE STATE OF ASSAM AND 3 ORS.
         REP. BY THE COMMISSIONER AND SECRETARY, PUBLIC WORKS
         DEPARTMENT, DISPUR, GUWAHATI-6.

         2:THE CHIEF ENGINEER (EAP)
          PUBLIC WORKS ROAD DEPARTMENT
         ASSAM
          FATASIL AMBARI
          GUWAHATI-25.

         3:THE SUPERINTENDING ENGINEER

          PUBLIC WORKS ROAD DEPARTMENT
          NORTH LAKHIMPUR
          LAKHIMPUR
          ASSAM

         4:THE EXECUTIVE ENGINEER

          PUBLIC WORKS DEPARTMENT
          DHAKUAKHANA TERRITORIAL ROAD DIVISION
          LAKHIMPUR
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             DIST. LAKHIMPUR
             ASSA

Advocate for the Petitioner   : MR. P J SAIKIA

Advocate for the Respondent : SC, PWD




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                           ORDER

Date : 08-05-2023

Heard Mr. PJ Saikia, learned counsel for the petitioner, who submits that the petitioner has been awarded the contract for improvement and upgradation of Dhakuakhana Butikur Teliajan road under (Assam Secondary Road Network Improvement Project) under Package Number A/R1-2 at a cost of Rs. 1,46,33,07,056.00/-. The petitioner's counsel submits that the petitioner had completed approximately 23% of the contract work in the month of February, 2023. On submitting his contract bills, the petitioner had been verbally told by the respondent No. 4 that forest royalty would be deducted from the running bills of the petitioner. The petitioner's counsel submits that in terms of the judgment of this Court in the case of Trinayan Associates (M/S) & Anr. Vs State of Assam , reported in 2017 2 GLT 859 and WA No. 316/2012, the PWD cannot deduct forest royalty under the Assam Minor Mineral Rules, 2013, unless there is a clause to that effect in the agreement executed between the petitioner and the PWD.

2. The petitioner's counsel submits that the petitioner has submitted a representation dated 14.03.2023 to the respondent No. 4, with a request not to deduct the forest royalty against the earthwork from the running bills of the Page No.# 3/3

petitioner. However, the same has not been decided by the respondent No. 4 till date. He accordingly prays that this writ petition can be closed, if a direction is issued to the respondent No. 4 to take a decision on the petitioner's representation dated 14.03.2023, within a specified time period.

3. Mr. P Nayak, learned counsel for all the respondents submits that he has got no objection to the prayer made by the petitioner's counsel.

4. In view of the consent of the parties, this writ petition is disposed of with a direction to the respondent No. 4, to take a decision on the petitioner's representation dated 14.03.2023, within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order.

JUDGE

Comparing Assistant