The petitioner sought a direction under Article 226 for payment of work dues. The court disposed of the writ petition directing the Chief Engineer to examine if the claimed amount is admitted within two months.
Order directing Chief Engineer to examine claim admissibility within two months of order receipt.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/2
GAHC010062632018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1941/2018
1:RANA DAS
S/O- JYOTISH CH. DAS, R/O- VILL- SOUTH TOKRERCHAR, P.SGOLAKGANJ, DIST- DHUBRI, PIN- 783334, ASSAM
VERSUS
1:THE STATE OF ASSAM AND 2 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, WATER RESOURCES DEPTT, DISPUR, GUWAHATI- 781006, ASSAM
2:THE CHIEF ENGINEER WATER RESOURCES DEPTT CHANDMARI GUWAHATI- 781003 ASSAM
3:THE EXECUTIVE ENGINEER DHUBRI WATER RESOURCES DIVISION DIST- DHUBRI PIN- 783334 ASSAM
Advocate for the Petitioner : MR. B D GOSWAMI
Advocate for the Respondent : SC, WATER RESOURCE
BEFORE
HONOURABLE MR. JUSTICE ARUP KUMAR GOSWAMI
ORDER
Date : 04-04-2018
Heard Mr. A. Gohain, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned Standing counsel, Water Resources Department, appearing for all the respondents.
Page No.# 2/2
By this application under Article 226 of the Constitution of India, the petitioner prays for a direction to the respondents to make payment of ` 2,81,772/(Rupees Two Lakhs Eighty One Thousand Seven Hundred Seventy Two) only, which the petitioner claims to be an admitted amount payable to him in connection with the works executed under the Water Resources Department.
The learned counsel appearing for the parties submit that this case can be disposed of in terms of the judgment and order passed by this Court in Tamsher Ali & Ors. -Vs- State of Assam & Ors. , reported in 2008 (4) GLT 1 .
Having heard the learned counsel for the parties, the writ petition is disposed of at the motion stage itself directing the Chief Engineer, Water Resources Department, to examine as to whether the aforesaid amount is an admitted amount, within a period of 2(two) months from the date of receipt of a certified copy of this order and if the amount is admitted, the same shall be processed in accordance with law and in the light of the directions contained in Tamsher Ali (supra).
The writ petition stands disposed of in terms of the above direction. No
cost.
J U D G E
M. Sharma
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to a direction for examination of the disputed work payment claim.
Colour shows how this judgement treated each authority
Tamsher Ali & Ors. -Vs- State of Assam & Ors.Referred¶21
2008 (4) GLT 1
1 provisions across 1 enactments
Rana Das
State of Assam
Commissioner and Secretary to the Govt of Assam
Chief Engineer Water Resources Deptt Chandmari
Executive Engineer Dhubri
Arup Kumar Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
