Gauhati High Court
Pin- 783372 vs The State Of Assam And 5 Ors on 13 August, 2024
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
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GAHC010144222024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3144/2024
ANSUMWI NARZARY
S/O- LT. GOSHI RAM NARZARY
VILL.- GOSSAIGAON
P.O.- RANCHAIDHAM
P.S.- BASUGAON
DIST.- CHIRANG
PIN- 783372.
VERSUS
THE STATE OF ASSAM AND 5 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY
WATER RESOURCES DEPARTMENT TO THE GOVERNMENT OF ASSAM
DISPUR
GUWAHATI- 781006.
2:THE BODOLAND TERRITORIAL COUNCIL
REPRESENTED BY THE PRINCIPAL SECRETARY
KOKRAJHAR- 783370.
3:THE ADDL. PRINCIPAL SECRETARY
BTC
KOKRAJHAR- 783370.
4:THE ADDITIONAL CHIEF ENGINEER-CUM-COUNCIL HEAD OF THE
DEPARTMENT
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KOKRAJHAR ZONE W.R. DEPTT.
BTC
KOKRAJHAR- 783370.
5:THE ADDL. CHIEF ENGINEER
KOKRAJHAR ZONE
W.R. DEPTT.
BTC
KOKRAJHAR- 783370.
6:THE EXECUTIVE ENGINEER
CHIRANG W.R. DIVISION
KAJALGAON
CHIRANG- 783385.
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Advocate for : MR. A BORO
Advocate for : SC
WATER RESOURCE appearing for THE STATE OF ASSAM AND 5 ORS
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
13.08.2024
Heard Mr. A. Boro, learned counsel for the petitioner and Mr. R.K.
Muchahary, learned counsel for the respondent Nos.2-6. Mr. C. Sarma, learned
counsel appears for the respondent No.1.
2. Mr. A. Boro, learned counsel for the petitioner submits that this is the
second round of litigation for payment of the petitioner's dues amounting to
Rs.14,00,000/-. He submits that the petitioner approached this Court by way of
WP(C) 6744/2021 which was disposed of on 31.01.2022, in terms of the order
dated 17.12.2021 passed in WP(C) 6079/2021. In WP(C) 6079/2021, the
respondents had been directed to consider the claim of the petitioner therein
and to pay the admitted amount, in terms of the of the judgment of the Full
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Bench of this Court in the case of Tamsher Ali vs. State of Assam &
Others, reported in 2008 (4) GLT 1. However, till date no payment has been
made to the petitioner and the direction passed in WP(C) 6744/2021 has not
been complied with. He submits that a fresh writ petition has been filed as the
Section 20 of the Contempt of Courts Act, barred the filing of a contempt case.
3. Mr. R.K. Muchahary, learned counsel for the respondent Nos.2-6 submits
that the petitioner's case had been considered by the BTC authorities in terms of
the decision of this Court in Tamsher Ali(supra) and that the petitioner's claim
for Rs.14 lakhs is found to be genuine. He has accordingly been put in Sl. No.55
of the list of persons against whom the BTC has pending liabilities. Further, the
petitioner would be paid as per his serial number from the SOPD fund to be
allocated to the BTC by the Government of Assam.
4. Mr. C. Sarma, learned counsel for the respondent No.1 submits that 50%
of the SOPD funds for budget allocation to the BTC for the financial year 2024-
25 has been given.
4. I have heard the learned counsels for the parties.
5. The letter No. BTC/F(Court Case)/103/2022/163 dated 09.08.2024 issued
by the Secretary, BTC to the Senior Standing Counsel, BTC is to the effect that
the BTC has received Rs.40150 lakhs from the Government of Assam, which is
50% of the SOPD funds for budget allocation to BTC for the financial year 2024-
25, as first instalment. The letter further states that in principle, it has been
agreed that a target of maximum 10% of the total SOPD fund would be
allocated by the BTC, for paying the contractual dues of the BTC.
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6. With regard to the time period for paying the admitted amount to the
petitioner, Mr. R.K. Muchahary, learned counsel for the respondent Nos.2-6
submits that 4(four) months time period may be given for payment of the same
to the petitioner.
7. In view of the stand of the respondent BTC that they are liable to pay
Rs.14 lakhs to the petitioner and keeping in view the letter dated 09.08.2024
issued by the Secretary, BTC, the respondents are directed to pay to the
petitioner the admitted amount of Rs.14 lakhs, within a period of 4(four)
months from the date of receipt of a certified copy of this order.
8. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
