Gauhati High Court
Sahadul Hussain vs The State Of Assam And 4 Ors on 20 September, 2023
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GAHC010206032023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5445/2023
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
PWD (R AND B)
DIBRUGARH ROAD CIRCLE
DIBRUGAR
Advocate for the Petitioner : MR B P BORAH
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Advocate for the Respondent : SC, PWD
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 20.09.2023
Heard Mr. H. Mazumder, learned counsel for the petitioner; Mr. P. Nayak, learned
Standing Counsel, Public Works Department [PWD] for the respondent nos. 1, 3, 4 & 5; and
Mr. B. Gogoi, learned Standing Counsel, Finance Department for the respondent no. 2.
2. According to the petitioner, the petitioner executed a contract-work viz. "S/R to Dinjoy
Gaon to Alohi Gaon via Panira Road in Dibrugarh Road Sub-Division under Dibrugarh Road
Division for 1 km providing E/W, GWC, wiring coarse & side bern for 2001-02" ['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. 2786/2009. The said writ
petition, W.P.[C] no. 2786/2009 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
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 ₹
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10,86,218/- which amount, is prima facie found to be due, as per the annexures appended to
the writ petition.
5. Mr. Nayak, 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. Nayak has appeared and accepted notices on behalf of the respondent nos. 1,
3, 4 & 5; and Mr. Gogoi has appeared and accepted notice on behalf of the respondent no. 2,
no formal notices are needed to be issued to the respondents. Mr. Mazumder, learned counsel
for the petitioner shall furnish requisite nos. of extra copies of the writ petition along with the
annexures, to Mr. Nayak and Mr. Gogoi within 2 [two] working days from today.
8. List the case after 4 [four] weeks.
JUDGE
Comparing Assistant
