Anisul Alam Laskar vs The State Of Assam And 4 Ors
2024 Latest Caselaw 3862 Gua

Gauhati High Court

Anisul Alam Laskar vs The State Of Assam And 4 Ors on 3 June, 2024

Author: Michael Zothankhuma

Bench: Michael Zothankhuma

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GAHC010006372021




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

                          Case No. : WP(C)/405/2021

         ANISUL ALAM LASKAR
         S/O LATE ALA UDDIN LASKAR,
         VILLAGE RANGPUR PART VII, PO RANGPUR, PS KATLICHERA, DIST
         HAILAKANDI, ASSAM, 788151

         VERSUS

         THE STATE OF ASSAM AND 4 ORS
         REPRESENTED BY THE COMMISSIONER, PANCHAYAT AND RURAL
         DEVELOPMENT DEPARTMENT, ASSAM, PANJABARI, JURIPAR, GUWAHATI
         37

         2:THE PRINCIPAL SECRETARY
         TO THE GOVT. OF ASSAM
          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
          DISPUR
          GUWAHATI 06

         3:THE DIRECTOR
          PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT
         ASSAM
          PANJABARI
          JURIPAR
          GUWAHATI 37

         4:THE CHIEF EXECUTIVE OFFICER
          HAILAKANDI ZILLA PARISHAD CUM PROJECT DIRECTOR
          DRDA
         ASSAM 788151

         5:THE BLOCK DEVELOPMENT OFFICER

          HAILAKANDI DEVELOPMENT BLOCK
          HAILAKAND
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Advocate for the Petitioner   : MR. K A MAZUMDER

Advocate for the Respondent : SC, PNRD




                                  BEFORE
                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                         ORDER

Date : 03.06.2024

Heard Mr. K. A. Mazumdar, learned counsel for the petitioner and Ms. N. Bora, learned counsel for all the respondents.

2. The matter pertains to non-payment of contractual dues amounting to Rs. 31,69,432/-.

3. Ms. N. Bora, learned counsel for the respondents submits that as per the physical verification report made by the Junior Engineer, which was submitted to the Block Development Officer, Hailakandi Development Block, out of the petitioner's bills for supplying material for construction of PMGSY road to E & E Bund via the house of Arif Ahmed at village Gamgpar Dhumkar Part-IV of Narainpur Tupkhana GP under MGNREGA for the year 2016-2017, the value of which was Rs.39,79,034/-, the petitioner has been paid Rs.7,41,104/-. As such, the remaining balance amount payable to the petitioner is Rs.31,69,432/-. She submits that as the admitted amount has not been verified by the Head of the Department, in terms of the judgment of the Full Bench of this Court in the case of Tamsher Ali vs. State of Assam and others , reported in 2008 (4) GLT 1, this writ petition can be disposed of, if a direction is issued to the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department, to re-verify the amount payable to the petitioner.

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4. On considering the submission made by the counsel for the respondents and keeping in view the judgment of the Full Bench of this Court in Tamsher Ali (supra), this Court directs the Principal Secretary to the Government of Assam, Panchayat and Rural Development Department, to re-verify the contractual dues payable to the petitioner. Thereafter, the admitted amount should be paid to the petitioner. The entire exercise should be concluded within a period of 4 (four) months from the date of receipt of a certified copy of this order.

5. This writ petition is accordingly disposed of.

JUDGE

Comparing Assistant