Gauhati High Court
Mihir Deka @ Mihir Ch Deka vs The State Of Assam And 5 Ors on 5 August, 2024
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/6
GAHC010107452024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2814/2024
MIHIR DEKA @ MIHIR CH DEKA
SON OF LATE SARAT CH DEKA,
RESIDENT OF VILL AND PO- BEZARA,
GUWAHATI, DISTRICT- KAMRUP.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM,
DISPUR, GUWAHATI-06.
2:SECRETARY
GOVT. OF ASSAM
W.R. DEPARTMENT
DISPUR
GUWAHATI-06.
3:DEPUTY SECRETARY
GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT DEPARTMENT
DISPUR
GUWAHATI.
4:DEPUTY COMMISSIONER
BARPETA
ASSAM.
5:THE CHIEF ENGINEER
WATER RESOURCES DEPARTMENT
GOVT. OF ASSAM
CHANDMARI
GUWAHATI-03.
Page No.# 2/6
6:THE EXECUTIVE ENGINEER
BARPETA W.R. DIVISION
BARPETA
Advocate for the Petitioner : J SHARMA, G. DAS,MR. P THAKURIA
Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, WATER RESOURCE
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
05.08.2024
1. Heard Mr. J. Sharma, learned counsel for the petitioner and Ms. A. Lodha,
learned counsel appears for the respondent nos.2, 5 & 6. Mr. G. Bokalial,
learned counsel appears on behalf of the respondent nos.1 & 4, while Mr. H.
Handique, learned counsel appears for the respondent no.3.
2. The petitioner's case is that he is a registered contractor in the Water
Resource Department, Government of Assam and had executed various works,
pursuant to the work orders issued by the Water Resource Department, Barpeta
Water Resource Division.
3. The petitioner had completed the work orders under the Water Resource
Division, Barpeta for protection of Bahari Satra Fulbari Bhogerpar and it's
adjoining areas from the effects of erosion of the river Brahmaputra for 2007 -
2008 under Calamity Relief Fund (CRF). As the contractual bills of the petitioner
amounting to Rs.55,84,040/- was not being paid, the petitioner approached this
Court, vide WP(C) 933/2014.
Page No.# 3/6
4. WP(C) 933/2014 was disposed of, vide order dated 21.02.2014, by
directing the respondents to consider the case of the petitioner in the light of
the judgment of the Full Bench of this Court in the case of Tamsher Ali vs.
State of Assam & Others, reported in 2008 (4) GLT 1. However, as nothing
was being done by the State respondents in terms of the direction passed by
this Court in WP(C) 933/2014, the petitioner filed Contempt (Civil) Case
No.464/2023. Due to the delay in filing the contempt petition, the contempt
petition was closed as withdrawn, with liberty being given to the petitioner to
file a fresh writ petition.
5. Accordingly, the petitioner has filed the present writ petition, praying for
payment of his contractual dues amounting to Rs.55,84,040/-.
6. The affidavit of the Chief Engineer, Water Resources Department which
was filed in the month of July, 2024 shows that the Chief Engineer has admitted
that Rs.55,84,040/- is due to the petitioner as the unpaid contractual bill
amount.
7. In view of the fact that the Chief Engineer has admitted that the petitioner
is liable to be paid Rs.55,84,040/-, the requirement of the head of office
admitting the payment of an outstanding due amount, in terms of the judgment
in Tamsher Ali (Supra) has been complied with. As such, there can be no
justification for the State respondents to deny payment of the due amount to
the petitioner.
Page No.# 4/6
8. Further, in the affidavit-in-opposition filed by the Chief Engineer, Water
Resource Department, it has been stated that the Executive Engineer, Barpeta
Water Resources Division had sent necessary documents for payment of the
said scheme to the Deputy Commissioner, Barpeta, vide letter no.
BWRD/Esti/58/Pt-IV/2010/646 dated 04.11.2015.
9. The letter no. BWRD/Esti/58/Pt-IV/2010/646 dated 04.11.2005 issued by
the Executive Engineer, Barpeta Water Resources Division, Barpeta to the
Deputy Commissioner, Barpeta is reproduced hereinbelow, as follows :
"To
The Deputy Commissioner,
Barpeta
Sub: Submission of documents in respect of the scheme "Immediate measures
to protect Bahari Satra Fulbari-Bhogerpar and its adjoining areas from the
erosion of river Brahmaputra under CRF for 2007-08".
Sanctioned Amount = Rs. 7,03,00,800/-
Ref: Your letter No. BRR-59/2007/219 dated: 09-09-2014
Madam,
With reference to above, I have the honour to submit herewith the following
documents in respect of the above mentioned scheme after obtaining necessary
Technical Sanction, accorded vide Chief Engineer, WRD's letter No. WR (EDRT)
281/2012-13/12 dated: 28-10-2014 for Rs. 7,03,00,800/- and necessary
Technical Approval towards the working estimate of the scheme, accorded vide
Chief Engineer, WRD's letter No. WR (EDRT) 281/2012-13/21 dated: 17-09-
2015 for Rs. 7,03,00,700/- & after verification of relevant documents &
authentication of the bills thereof.
Page No.# 5/6
1) Copy of Technical Sanction.
2) Copy of technical approval of the working estimate.
3) Copy of formal work orders.
4) Copy of tender agreement.
5) Authenticated copies of bills = 222 Nos
6) Relevant photographs
7) Progress report
This is for favour of your kind disposal."
10. Ms. A. Lodha, learned counsel for the respondent nos.2, 5 & 6 submits
that the amount due to the petitioner is to be paid by the office of the District
Commissioner, Barpeta, as the Water Resources Department was only the
executing agency.
11. Mr. G. Bokalial submits that the fund for payment of the dues of the
petitioner has to be released by the Revenue Department, Government of
Assam.
12. Mr. J. Handique, learned counsel for the Revenue Department submits
that as soon as all the necessary documents are furnished by the Water
Resources Department and the District Commissioner's office, to the Revenue
Department, necessary funds would be furnished to the Deputy/District
Commissioner's office for payment, if all the things are in order.
13. On considering the submissions made by the counsels for the parties and
the fact that it is admitted that the petitioner is to be paid the outstanding
amount of Rs.55,84,040/-, the respondents shall start the proposal for payment
of the admitted amount and conclude the said exercise within a period of 3
Page No.# 6/6
(three) months from the date of receipt of a certified copy of this order.
14. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
