Gauhati High Court
Shaidur Rahman vs The State Of Assam And 3 Ors on 16 October, 2023
Page No.# 1/3
GAHC010253142022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8458/2022
SHAIDUR RAHMAN
S/O BILLAL HUSSAIN, R/O VILL-HATIPARA, P.S.-CHHAYGAON, DIST-
KAMRUP, ASSAM, PIN-781141
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR,
GUWHATI-06
2:THE EXECUTIVE ENGINEER
GUWAHATI WEST W.R. DIVISION
BHARALUMUKH
GUWAHATI-9
3:THE SUPERINTENDING ENGINEER
GUWAHATI WEST W.R. DIVISION
BHARALUMUKH
GUWAHATI-9
4:THE CHIEF ENGINEER
WATER RESOURCE DEPARTMENT
GOVERNMENT OF ASSAM
CHANDMARI
GUWAHATI-0
Advocate for the Petitioner : MR. M A SHEIKH
Advocate for the Respondent : SC, WATER RESOURCE
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BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 16-10-2023
Heard Mr. Sheikh Ateef, learned counsel appearing on behalf of Mr. M.A.
Sheikh, learned counsel for the petitioner and Mr. R.M. Das, learned Standing
Counsel, Water Resources Department for all the respondents.
2. It is the case of the petitioner that he had executed 3 [three] nos. of
Contract-Works, for the respondent authorities in the Water Resources
Department. The petitioner has averred that against the 3 [three] nos. of
Contract-Works executed by him, he submitted the final bill for an amount of Rs.
4,53,369/-, in total. The petitioner has annexed 3 [three] nos. of Work Orders
issued in favour of him, dated 12.11.2012, dated 16.11.2012 & dated
19.11.2012 as Annexure-1 to Annexure-3 in support of his such claim. The writ
petition has been preferred seeking inter alia a direction to the respondent
authorities to disburse an amount of Rs. 4,53,369/-.
3. The respondent no. 4 i.e. the Chief Engineer, Water Resources Department
has filed an affidavit-in-opposition, on 11.09.2023, wherein it has been admitted
that the petitioner had executed the Contract-Works allotted to him under the
Flood Management Program Scheme of the respondent authorities. It is further
averred to the effect that as per records available with the office of the
respondent no. 4, the bill value of the Contract-Works executed by the petitioner
was Rs. 3,88,956/-, instead of Rs. 4,53,369/-, claim by him. It has been stated
that the funds of the Flood Management Program Scheme is shared by the
Government of India and the Government of Assam. On release of funds from
the Government of India, a part-payment to the extent of Rs. 65,707/- has
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already been disbursed in favour of the petitioner in March, 2023 along with
other similarly situated contractors. It is further averred that the outstanding
liability, as on date, payable in respect of the Contract-Works executed by the
petitioner is Rs. 3,23,249/-. It has been averred that the said outstanding
amount dues of Rs. 3,23,249/- will be paid on receipt of required fund from the
Government of India.
4. Mr. Das, learned Standing Counsel, Water Resources Department
projecting the above scenario, has submitted that since the remaining liability to
the extent of Rs. 3,23,249/- has been admitted by the respondent no. 2 as the
Head of Department, this writ petition can be disposed of in the line of the
directions made in 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.
5. Since the liability to the extent of Rs. 3,23,249/- has been admitted by the
respondent no. 3 as the Head of Department, as outlined in Tamsher Ali
[supra], this writ petition is disposed of by directing the respondent no. 3 to
disburse the outstanding liability of Rs. 3,23,249/- in strict conformity with the
directions given by the Full Bench in Tamsher Ali [supra] by strictly adhering to
the chronological order as regards payment, on receipt of necessary funds from
the Government of India.
6. This order disposes of the writ petition.
JUDGE
Comparing Assistant
