Gauhati High Court
Suren Boro vs Anurag Goel on 16 June, 2025
Author: Michael Zothankhuma
Bench: Michael Zothankhuma
Page No.# 1/4
GAHC010067242023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Cont.Cas(C)/176/2023
SUREN BORO
S/O SRI HAGARAM BORO, R/O VILL AND P.O.-DIMAKUCHI, DIST-
UDALGURI, ASSAM, PIN-784526
VERSUS
ANURAG GOEL, IAS AND 3 ORS
PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL,
BODOFA NAGAR, KOKRAJHAR, ASSAM
2:AMAR JYOTI BARMAN
SECRETARY
PWD
BODOLAND TERRITORIAL COUNCIL
BODOFA NAGAR
KOKRAJHAR
ASSAM
3:BINOD BASUMATARY
DEPUTY JOINT SECRETARY
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
ASSAM
4:JATIN BORA
SECRETARY
FINANCE
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
ASSAM
5:AKASH DEEP
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PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL
BODOFA NAGAR
KOKRAJHAR
ASSAM-783370
6:SANTA BAGLARY
SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL
BODOFA NAGAR
KOKRAJHAR
ASSAM-783370.
7:SUJIT BASUMATARY
JOINT SECRETARY
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
ASSAM-78337
Advocate for the Petitioner : MR. K BHATTACHARJEE, MR. M SAIKIA,MS B
TALUKDAR,MS. A BARMAN
Advocate for the Respondent : MR. S BORA (r-2,4), MR. B CHOUDHURY (R3),MR. R K
MUSHAHARY (r-3,5,6),MR. D SAIKIA (r-2,3,4,5,6),MS. R B BORA (r-2,4,5,6)
BEFORE
HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
16.06.2025
1. Mr. K. Bhattacharjee, learned counsel for the petitioner along with Mr. S.
Bora, learned counsel for the respondent nos.1, 2 & 4. Mr. H. Baruah, learned
counsel appears for the respondent no.3, while Ms. R.B. Borah, learned counsel
appears for the respondent nos.5 & 6.
2. The present contempt petition has been filed on account of the
respondents not having verified the contractual dues payable to the petitioner
and releasing the admitted amount in terms of the order dated 26.11.2021 in
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WP(C) 4383/2020.
3. The affidavit-in-opposition filed by the respondent no.5 states at
paragraph-4 that the petitioner has been found to be entitled to the payment of
Rs.89,80,281/- and the same would be paid as and when funds are made
available to the petitioner.
4. I have heard the learned counsels for the parties.
5. Paragraph-4 of the affidavit filed by the respondent no.5 states as follows :
"4. That the deponent begs to state that the contempt case was filed by the
contempt petitioner against BTC authority for non-payment of contractual bill
amounting to Rs. 71,42,519.00 (Rupees seventy one lakh forty two thousand
five hundred nineteen) only against the Scheme namely "construction of C.C
Block Pavement Road from Bhooteachang Football Field to 13 No. Bhootiechang
village under A.O.P. B.T.C. in Udalguri Rural Road Division for the year 2016-
2017". That it is to be stated that the BTC conducted a comprehensive audit
against the aforesaid scheme in pursuance of this Secretariat Order Memo
No.BTC/F(Audit)49/2021/Pt-I/1, dated 15.11.2021 and as per audit report, the
instant contempt petitioner is found to be entitled of payment amounting to Rs.
89,80,281.00 (Rupees eighty-nine lakh eighty thousand two hundred eighty-
one) only. That the BTC authority has prepared consolidated list of contractors
in terms of Judgment and order dated 29.09.2008 in WA No.484/2005, Tamsher
Ali & Ors. Vs. The State of Assam & ors. That the instant petitioner's name has
been found at Sl. No. 123 of "the consolidated list of Pending liabilities of BTC
Schemes from 2010 to 2020" Name of Division: Udalguri (R&B) Division).
Therefore, as and when, fund will be available in this regard, the payment of
instant contempt petitioner will be made chronologically from the consolidated
list."
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6. On account of the respondents having admitted that they are liable to pay
to the petitioner Rs.89,80,281/- as and when funds are made available, the
present case can be closed. However, the same should be paid expeditiously to
the petitioner.
7. The contempt petition is accordingly closed.
JUDGE
Comparing Assistant
