Sahadul Hussain vs The State Of Assam And 4 Ors
2023 Latest Caselaw 3783 Gua

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GAHC010206012023




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

                          Case No. : WP(C)/5435/2023

         SAHADUL HUSSAIN
         S/O- LATE ZAKIR HUSSAIN, R/O- NAHARKATIA BATA GALI, P.O AND P.S-
         NAHARKATIA, DIST- DIBRUGARH, ASSAM, PIN-786610



         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY, TO THE
         GOVERNMENT OF ASSAM, PUBLIC WORKS DEPARTMENT DISPUR,
         GUWAHATI-6

         2:THE COMMISSIONER AND SECRETARY

          TO THE GOVERNMENT OF ASSAM
          FINANCE DEPARTMENT DISPUR
          GUWAHATI-6

         3:THE CHIEF ENGINEER

          PUBLIC WORKS DEPARTMENT (ROADS)
          ASSAM
          CHANDMARI
          GUWAHATI-03

         4:THE EXECUTIVE ENGINEER

          PUBLIC WORKS ROADS DEPARTMENT
          DIBRUGARH ROAD DIVISION
          DIBRUGARH

         5:THE SUPERINTENDENT ENGINEER
          PUBLIC WORKS DEPARTMENT (R AND B)
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             DIBRUGARH ROAD CIRCLE
             DIBRUGAR

Advocate for the Petitioner   : MR H MAZUMDER

Advocate for the Respondent : SC, PWD




                                    BEFORE
                   HONOURABLE MR. JUSTICE MANISH CHOUDHURY

                                            ORDER

18.09.2023

Heard Mr. B.P. Borah, learned counsel for the petitioner and Mr. B. Gogoi, learned Standing Counsel, Public Works Department [PWD] for all the respondents.

2. According to the petitioner, the petitioner executed a contract-work viz. 'S/R to Jakaichuk Namghar to Water Supply Tank Dibrugarh Road Sub-Division under Dibrugarh Road Division for 2001-02 providing E/W, GWC, wiring coarse & side bern for 1 km' ['the Contract- Work', for short] for the respondent PWD authorities. When despite submission of final bills against the Contract-Work was not disbursed to the petitioner, the petitioner had earlier approached this Court by way of a writ petition, W.P.[C] no. 2784/2009. The said writ petition, W.P.[C] no. 2784/2009 was disposed of by an order dated 15.07.2009 with a direction to the respondent authorities to consider the case of the petitioner in the light of the direction contained in the Full Bench judgment of this Court 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.

3. From the decision in Tamsher Ali [supra], it transpires that the Public Works Department [PWD] is to prepare a list of contractors to whom money is admitted to be due on account of contract-work performed and such list is to be prepared Division-Wise in strict chronological order wise on the basis of date on which payment is due. It further transpires that on the basis of the funds received by the PWD, the same is to be applied for discharge of Page No.# 3/3

the admitted due in the order in which the list is prepared and maintained Division-Wise.

4. The petitioner has submitted that despite the direction made in the order dated 15.07.2009 [supra], the respondent authorities have not yet disbursed the sum of Rs. 10,96,380/- which amount, is prima facie found to be due, as per the annexures appended to the writ petition.

5. Mr. Gogoi, learned Standing Counsel, PWD has submitted that he will obtain instructions as to whether the claim of the petitioner is admitted liability and as to why despite elapse of a period of about 14 years the respondent authorities have not yet disbursed the amount.

6. Issue notice, returnable in 4 [four] weeks.

7. As Mr. Gogoi has appeared and accepted notices on behalf of all the respondents, no formal notices are needed to be issued to the respondents. Mr. Borah shall furnish requisite nos. of extra copies of the writ petition along with the annexures, to Mr. Gogoi within 2 [two] working days from today.

8. List the case after 4 [four] weeks.

JUDGE

Comparing Assistant