Page No.# 1/3 vs The State Of Assam And 3 Ors
2025 Latest Caselaw 4091 Gua

Gauhati High Court

Page No.# 1/3 vs The State Of Assam And 3 Ors on 13 March, 2025

                                                                          Page No.# 1/3

GAHC010041602025




                                                                   2025:GAU-AS:2662

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

                                 Case No. : WP(C)/1236/2025

            M/S MACROCOSM BUILDERS
            REPRESENTED BY SRI DEBADIB DAS, AGED 49 YEARS, S/O- LATE
            PRAMOD CH. DAS, R/O- BILOORTARIHATI, WARD NO.-2, BARPETA TOWN,
            PO AND PS- BARPETA, DIST- BARPETA, ASSAM.

            VERSUS

            THE STATE OF ASSAM AND 3 ORS.
            REPRESENTED BY THE COMMISSIONER AND SECRETARY,
            PUBLIC WORKS DEPARTMENT (R),
            DISPUR, GUWAHATI-6.

            2:THE CHIEF ENGINEER
             PUBLIC WORKS ROAD DEPARMENT (ROADS)
            ASSAM
             GUWAHATI-3.

            3:THE SUPERINTENDING ENGINEER
             PUBLIC WORKS DEPARTMENT (ROADS)
             BARPETA ROAD CIRCLE
             BARPETA

            4:THE EXECUTIVE ENGINEER
             PUBLIC WORKS ROAD DEPARTMENT (ROADS)
             BARPETA
             MANDIA AND CHENGA TERRITORIAL ROAD DIVISION
            BARPETA
            ASSAM

Advocate for the Petitioner   : MR. P J SAIKIA, MS D DUTTA,B BURAGOHAIN

Advocate for the Respondent : SC, PWD,
                                                                        Page No.# 2/3


                                 BEFORE
                HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

                                     ORDER

Date : 13.03.2025

Heard Mr. P. J. Saikia, learned counsel for the petitioner. Also heard Ms. S. Sarma, learned Standing Counsel, PWD, for all the respondents.

2. The petitioner's Firm was given a Notice to proceed with the work on 14.03.2024 by the Chief Engineer, PWD Roads, Assam, in respect of Improvement and Upgradation of Roads from Sarthebari to Nagaon from Ch. 0.000 Km (sarthebari) to Ch. 14.420 Km (nagaon) under Asom Mala 2.0 for the year 2023-24 under Package No - AsomMala2.0/Barpeta/01 for an amount of Rs.40,04,49,870/- (Rupees Forty Crore Four Lakh Forty Nine Thousand Eight Hundred and Seventy Only).

3. The learned counsel for the petitioner's Firm submits that the petitioner had completed approximately 30% of the contract work till the month of April, 2024. However, when the petitioner went to submit his running bill, the petitioner was verbally informed by the respondent No. 4/Executive Engineer, Publics Works Department (Roads), Barpeta, Mandia & Chenga Territorial Road Division, Barpeta Assam that Forest Royalty would be deducted from the running bills of the petitioner.

4. It is the case of the petitioner that in terms of the Judgment passed in the case of Trinayan Associates (M/S) & Anr. Vs. State of Assam reported in 2017 2 GLT 859 as well as in the case of State of Assam and Ors. Vs. Muslim Ali (Md.) reported in 2013 2 GLT 945 , the PWD cannot deduct Forest Royalty under the Assam Minor Minerals Rules, 2013 unless there is a clause to that effect in the agreement executed between the petitioner and the PWD. It is the further Page No.# 3/3

case of the petitioner that the petitioner has submitted a representation before the respondent No. 4 on 28.03.2024 not to deduct the Forest Royalty from the running bills of the petitioner. However, till date the representation dated 28.03.2024 has not been considered by the respondent No. 4.

5. Learned counsel for the petitioner, accordingly, submits that the writ petition can be disposed of directing the respondent No. 4 to take a decision on the petitioner's representation dated 28.03.2024 within a specified period of time.

6. Ms. S. Sarma, learned Standing Counsel, PWD, appearing on behalf of all the respondents has no objection to the prayer made by the petitioner's counsel.

7. Accordingly, this writ petition is disposed of with a direction to the respondent No. 4 to take a decision on the representation dated 28.03.2024, made by the petitioner within a period of 1 (one) month from the date of receipt of a certified copy of this Court's order.

8. With the aforesaid observations and directions, this writ petition is disposed of.

JUDGE

Comparing Assistant