Gauhati High Court
Page No.# 1/4 vs Sukhendu Dey on 11 March, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/4
GAHC010259352014
undefined
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP(IO)/46/2014
THE STATE OF ASSAM and 3 ORS.
REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVT.
OF ASSAM, PWD BandN.H. DEPARTMENT, DISPUR, GHY-6
2: THE CHIEF ENGINEER
PWD N.H.
ASSAM
CHANDMARI
GHY-3
3: THE SUPERINTENDING ENGINEER
PWD
N.H. CIRCLE
DIBRUGARH
4: THE EXECUTIVE ENGINEER
PWD
DIBRUGARH
N.H. DIVISION
DIBRUGAR
VERSUS
SUKHENDU DEY
S/O SRI KHAGENDRALAL DEY, R/O GANGAPARA, ASGAR ALI ROAD,
DIBRUGARH TOWN, P.O. and P.S. DIBRUGARH, DIST- DIBRUGARH, ASSAM
Advocate for the Petitioner : MR.A BARUAH, MR.I CHOUDHURY
Advocate for the Respondent : MR G KHANDELIA, MR. P KHATANIAR,MR. K DEKA,MR.G
KHANDELIA
Page No.# 2/4
Linked Case : CRP(IO)/45/2014
THE STATE OF ASSAM and 3 ORS
REPRESENTED BY THE COMMISSIONER and SECRETARY TO THE GOVT. OF
ASSAM
PWD BandNH DEPARTMENT
DISPUR
GHY-6
2: THE CHIEF ENGINEER
PWD NATIONAL HIGHWAY
ASSAM
CHANDMARI
GHY-3
3: THE SUPERINTENDING ENGINEER
PWD
N.H. CIRCLE
DIBRUGARH
4: THE EXECUTIVE ENGINEER
PWD
GUWAHATI
N.H. DIVISION
DIBRUGARH
VERSUS
D.N. CONSTRUCTION PVT. LTD.
MORAN KHATKHATI
P.O. MORAN
DIST- DIBRUGARH
ASSAM
------------
For the Petitioner(s) : Mr. D. Nath, Sr. Govt. Advocate
Mr. T.R. Gogoi, Govt. Advocate
For the Respondent(s) : Mr. P. Khataniar, Sr. Advocate
Mr. G. Khandelia, Advocate
Page No.# 3/4
BEFORE
HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 11.03.2025
Both the parties have placed before this Court the calculation sheets.
2. The calculation sheets submitted by Mr. D. Nath, the learned Senior
Government Advocate as well as the learned Standing Counsel for the
PWD is kept on record and marked with the letters "A" and "B".
3. Mr. P.K. Khataniar, the learned Senior Counsel appearing on behalf of
the respondent has also placed before this Court, the calculation sheets
in respect to both the matters. The same are also kept on record and
marked with the letters "X" and "Y".
4. This Court upon perusal of the calculation sheets so provided by the
petitioner as well as the calculation sheets which has been provided by
the respondent is of the opinion that in terms with the judgment of the
Constitution Bench of the Supreme Court in the case of Gurpreet Singh
Vs. Union of India reported in (2006) 8 SCC 457, the calculations so
provided by the respondent seems to be more accurate.
5. Be that as it may, this Court gives a further opportunity to Mr. D.
Nath, the learned Senior Government Advocate to make further
verifications on the basis of the calculation sheets so provided by the
respondent which are kept on record and marked with the letters "X" and
"Y". Taking into account that the interest is accruing at the rate of 18%,
this Court is also of the opinion that the matters requires an early
culmination.
Page No.# 4/4
6. List these matters again on 18.03.2025 for further hearing at 2.00
P.M.
JUDGE
Comparing Assistant
