Petitioners sought direction for payment of admitted contractual dues. The Court directed respondent authorities to verify the claim and release amounts if genuine within three months.
Direction to Respondents Nos. 4 and 5 to verify petitioners' claim and release admitted dues within three months if genuine.
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GAHC010035522018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1132/2018
1:SURAJIT KONWOR AND ANR. S/O SRI SADANANDA KONWOR VILL- KATHARBARI GAON P.O. DHAKUAKHANA DIST. LAKHIMPUR, ASSAM
2: SRI GOUTAM GOGOI S/O LT. BIRESHAR GOGOI VILL- CHAWARKIA GAON P.O. DHAKUAKHANA DIST. LAKHIMPUR ASSA
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY, TO THE GOVT. OF ASSAM,
MUNICIPAL ADMINISTRATION DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM
2:THE SECRETARY DEPARTMENT OF FINANCE GOVT. OF ASSAM DISPUR GUWHATI ASSAM
3:THE DIRECTOR MUNICIPAL ADMINISTRATION ASSAM DISPUR GUWAHATI-6.
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4:THE DEPUTY COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR ASSAM
5:THE SUB-DIVISIONAL OFFICER (SDO) CIVIL DHAKUAKHANA LAKHIMPUR ASSAM
6:THE CHAIRPERSON DHAKUAKHANA TOWN COMMITTEE DHAKUAKHANA LAKHIMPUR ASSA
Advocate for the Petitioner : MR P BAIRAGI
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 02-09-2019
The 02 writ petitioners have approached this Court by filing the present writ petition seeking a direction for payment of their contractual dues.
Mrs. B. Talukdar, learned counsel appearing for the writ petitioners submits that the
contractual dues of the petitioners are admitted amounts and therefore, there is no
justification for the respondents not to clear the outstanding dues of the petitioners.
Mrs. M.B. Bora, learned Govt. Advocate submits that she is yet to receive written
instructions but on the basis of oral instruction obtained from the respondent No. 5, the learned Govt. Advocate submits that she would have no objection if the writ petition is
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disposed of with a direction upon the respondents to verify the claim of the petitioners and to take appropriate action in the matter, to which, petitioners’ counsel has also given her consent.
In view of the above, this writ petition stands disposed of by directing the respondent authorities, more particularly, respondent Nos. 4 and 5 to verify the claim of the petitioners and if found to be genuine, necessary steps for releasing the amounts due to them, in accordance with law, as expeditiously as possible, preferably within a period of 03 months from the date of receipt of a certified copy of this order.
Writ petition stands disposed of.
JUDGE GS
Comparing Assistant
1 issue framed by the court
Whether the writ petitioners are entitled to a direction for payment of their contractual dues.
SURAJIT KONWOR AND ANR
THE STATE OF ASSAM ORS
SUMAN SHYAM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
