Atul Basumatary vs The State Of Assam And 6 Ors
2024 Latest Caselaw 5897 Gua

Gauhati High Court

Atul Basumatary vs The State Of Assam And 6 Ors on 14 August, 2024

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

                                                                   Page No.# 1/3

GAHC010157682024




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

                          Case No. : WP(C)/4063/2024

         ATUL BASUMATARY
         S/O- LATE BIPUN BASUMATARY, R/O- VILL.- MURMELA-NH-31, P.O.
         MURMELA, P.S. BARAMA, DIST. BAKSA, ASSAM

         VERSUS

         THE STATE OF ASSAM AND 6 ORS
         REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
         GOVT.OF ASSAM, PUBLIC WORK (ROADS) DEPARTMENT, DISPUR,
         GUWAHATI-6, ASSAM

         2:THE PRINCIPAL SECRETARY
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR
         ASSAM

         3:THE JOINT SECRETARY
          BODOLAND TERRITORIAL COUNCIL
          KOKRAJHAR
         ASSAM

         4:THE ADDITIONAL CHIEF ENGINEER
          PWD
          BTC
          KOKRAJHAR
         ASSAM

         5:THE DIRECTOR CUM-CHD
          PWD

          BTC
          KOKRAJHAR
          ASSAM
                                                                          Page No.# 2/3

            6:THE SUPERINTENDENT ENGINEER
             PWD (R AND B) CIRCLE B.T.C.
             KOKRAJHAR
            ASSAM

            7:THE EXECUTIVE ENGINEER
             PWD
             MUSHALPUR (R AND B) DIVISION
             MUSHALPUR

Advocate for the Petitioner   : MRS A BUJARBARUAH, MS A.SARMA

Advocate for the Respondent : SC, PWD, SC, BTC

                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                        ORDER

14.08.2024

1. Heard Ms. A. Bujarbaruah, learned counsel for the petitioner, who submits that the petitioner had filed WP(C) 3997/2020 for non-payment of contractual dues. This Court, vide order dated 08.04.2021 disposed of WP(C) 3997/2020, with a direction to the respondent authorities to verify the claim of the petitioner, in terms of the judgment of this Court in Tamsher Ali vs. State of Assam & Others, reported in 2008 (4) GLT 1.

2. As the respondent authorities did not comply with the order passed in WP(C) 3997/2020, the petitioner filed Contempt Case(C) 13/2022. The contempt case was disposed of vide order dated 01.03.2024, in view of Mr. P. Nayak, learned counsel for the respondent having submitted that the name of the petitioner had been included in the list for payment of contractual bills, in terms of the judgment in Tamsher Ali (supra).

Page No.# 3/3

3. The counsel for the respondent in the contempt case had also submitted that as the petitioner's name had been included in the list of persons, who were verified for payment of their unpaid contractual dues, the same would be paid to the petitioner.

4. The petitioner's counsel submits that despite a lapse of more than 5 (five) months, no payment has been made to the petitioner till date.

5. Issue Notice returnable in 3 (three) weeks.

6. Ms. R.B. Borah, learned counsel accepts notice on behalf of the respondent nos.2 to 7, while Mr. P. Nayak, learned counsel accepts notice on behalf of the respondent no.1.

7. In terms of letter No. BTC/F(Court Case)/103/2022/163 dated 09.08.2024 issued by the Secretary, BTC Kokrajhar, the BTC has received Rs.40150 lakhs from the Government of Assam, as 50% of the SOPD funds for budget allocation to BTC for the financial year 2024-25, as first instalment.

8. Keeping the above in view, Ms. R.B. Borah shall obtain instructions as to why the petitioner's contractual dues has not been cleared till date.

9. List the matter on 10.09.2024.

JUDGE

Comparing Assistant