Gauhati High Court
Sanjib Kr Rajkhowa vs The State Of Assam And 3 Ors on 2 August, 2024
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
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GAHC010086192023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2281/2023
SANJIB KR RAJKHOWA
S/O SRI MUNINDRA MOHAN RAJKHOWA, R/O VILL-JAGI, P.O.-JAGI, P.S.-
JAGIROAD, DIST-MORIGAON, ASSAM, PIN-782411
VERSUS
THE STATE OF ASSAM AND 3 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR,
GUWAHATI-781006
2:THE CHIEF ENGINEER
WATER RESOURCE DEPARTMENT
CHANDMARI GUWAHATI
PIN-781003
3:THE SUPERINTENDING ENGINEER
NAGAON AND MORIGAON WATER RESOURCE CIRCLE
R K B ROAD HAIBARGAON
DIST-NAGAON PIN-782001
4:THE EXECUTIVE ENGINEER
MORIGOAN WATER DIVISION
MORIGOAN DIST-MORIGAON
PIN-782105
5:THE UNION OF INDIA
REPRESENTED BY THE COMMISSIONER
MINISTRY OF JAL SHAKTI
DEPARTMENT OF WATER RESOURCES RURAL DEVELOPMENT AND
GANGA REJUVENATION
6TH FLOOR CABIN SHRAM SHAKTI BHAWAN
RAFI MARG
NEW DELHI-110001
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Advocate for the Petitioner : MR. T DEURI, MRS. R S DEURI
Advocate for the Respondent : SC, WATER RESOURCE, C.G.C.,MRS. A GAYAN
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 02.08.2024
Heard Mr. T. Deuri, learned counsel for the petitioner. Also heard Ms. A.
Gayan, learned CGC appearing for the respondent No.5 and Ms. R. Deka,
learned counsel for the respondent Nos. 1 to 4.
2. The petitioner's case is that the petitioner is a registered contractor with
the Water Resources Department, Morigaon. The petitioner was given various
work contracts under the Scheme of "R/S to T/dyke Along Both Banks of Kopilli
River From Charaihagi to Tuklaitup (L/B), Basundhari to Killing Kopilli Junction
(L/B) and Chaparmukh Ahatguri Amsoi P.W.D. Road (R/B) Including Anti-Erosion
Measures at Different Reaches."
3. Though the petitioner had completed the work contracts and was paid a
certain sum of money, the balance amount of Rs. 17,11,748/-has not been paid
to the petitioner.
4. The petitioner's counsel submits that the Executive Engineer, Morigaon WR
Division, vide letter No. MGWRD/A-82/2021/10702 dated 02.11.2021, has
furnished the liability statement stating that the outstanding liability amount
towards the petitioner is Rs. 17,11,748/-. The petitioner's counsel submits that
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the present case is covered by the order dated 27.09.2022 passed by this Court
in WP(C) No. 4734/2021 (Nazim Hussain Vs. The State of Assam and 8 Ors.).
She accordingly submits that a similar direction, as given in the above case, be
issued in this case.
5. Ms. A. Gayan, learned CGC and Ms. R. Deka submit that they have got no
objection to the prayer made by the petitioner's counsel. Ms. R. Deka however
submits that funds have to be released by the respondent No. 5, as the funds
share payable by the State Government is 10%, while the Central Government
share is 90%. Ms. A. Gayan submits that the respondent Nos. 1 to 4 will have to
submit all required documents to the respondent No. 5, for release of funds.
6. I have heard the learned counsels for the parties.
7. This Court, in a series of cases, the leading case being WP(C) 4734/2021
(Nazim Hussain -vs- The State of Assam and 8 others) , while disposing of
similar matters, had passed the following direction, which are as follows:-
"(1) Within 15 (fifteen) days from today, the concerned official of the
State Government of Assam will communicate the supplementary budget
passed in the last Assembly Session pertaining to the scheme to the
competent authority of the Ministry of Jal Shakti, Government of India.
(2) Within 60 (sixty) days from the date of receipt of such communication,
the Ministry of Jal Shakti to release the amount due under the schemes to
the concerned Department of the Government of Assam.
(3) Upon receipt of the amount, bills of the writ petitioners shall be
processed and cleared within a further period of 45 days"
8. In view of the consent of the parties and in view of the liability statement
attached to the letter No. MGWRD/A-82/2021/10702 dated 02.11.2021, issued
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by the Executive Engineer, Morigaon W.R. Division, this Court is of the view that
this writ petition can be disposed of at the motion stage itself.
9. In view of there being an admission made by the respondent No. 4, the
respondent No. 2 is directed to re-verify the claim made by the petitioner, in
terms of the Full Bench judgment of this Court in the case of Tamsher Ali vs.
State of Assam and others, reported in 2008 (4) GLT 1 and thereafter take
a decision with regard to whether the amount claimed by the petitioner is as per
records. In the event, the respondent No. 2 comes to a decision that the
amount claimed is an admitted amount, the direction passed in
WP(C)4734/2021, which has been enumerated above, shall be complied with.
The respondents shall thereafter complete the entire process, within a period of
5 (five) months from the date of receipt of a copy of this order.
10. This writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
