Allowed

Bani Hazarika v. the State of Assam and 4 Ors.

Gauhati HC7 Jun 2019WP(C)/205/2019

Case brief

AI extract

What is this about?

In this writ petition filed under Article 226, the petitioner sought direction to prevent deduction of forest royalty from his final bill for a road construction contract. The Gauhati High Court, following a Division Bench judgment, directed the respondents to release the outstanding dues within three months without any such deduction.

What did the court decide?

Direction to respondents to release outstanding contractual dues within three months without deduction of forest royalty.

Bani Hazarika Vs the State of Assam and 4… — Contract and Commercial Disputes | Gauhati HC (2019)

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GAHC010006522019

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

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Case No. : WP(C) 205/2019

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1:BANI HAZARIKA

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S/O- LATE HAREN HAZARIKA, R/O- VILL- KAMALABARI, MAJULI, P.OKAMALABARI, DIST- MAJULI, ASSAM, PIN- 785106

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VERSUS

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1:THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, FOREST AND ENVIRONMENT DEPTT, DISPUR, GUWAHATI- 08

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2:THE PRINCIPAL CHIEF CONSERVATOR OF FOREST AND HEAD OF FOREST (P) FORCE ASSAM REHABARI GHY- 08

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3:THE CHIEF ENGINEER PWD (PMGSY WORKS) CHANDMARI GUWAHATI-781003

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4:THE EXECUTIVE ENGINEER PWD MAJULI ROAD DIVISION GARMUR P.O- GARMUR DIST- MAJULI ASSAM

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5:THE DIVISIONAL FOREST OFFICER (T) MAJULI FOREST DIVISION

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P.O- KAMALABARI DIST- MAJULI ASSA

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Advocate for the Petitioner : MISS. M BORAH

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE UJJAL BHUYAN

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ORDER

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Date : 07-06-2019

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Heard Ms M Borah, learned counsel for the petitioner and Mr S Dutta, learned Standing Counsel, Forest Department.

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By filing this petition under Article 226 of the Constitution of India, petitioner seeks a direction to the respondents not to deduct any amount on account of forest royalty from the contractual bill raised by the petitioner against work order dated 18.12.2008.

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Case of the petitioner is that it is a registered Class-1 (A) contractor under respondent No. 3. Petitioner was allotted a contract for construction of road from Phulani Chariali to Gualbari including crossdrainage works at a price of ₹ 5,89,15,230.00 vide work order dated 18.12.2008. It is stated that petitioner completed the work on 06.10.2018. In the meanwhile, petitioner was also paid 14 numbers of running bills. Final bill was prepared for an amount of ₹ 19,85,331.00. It is stated that respondents have sought to deduct forest royalty on account of use of earth work in the construction work from the contractual dues of the petitioner.

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Aggrieved, present writ petition has been filed.

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Notice in this case was issued on 11.01.2019. An interim order was passed to the effect that no amount should be deducted from the bills of the petitioner on account of forest royalty.

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In the hearing which took place on 24.05.2018, learned counsel for the petitioner submitted that case of the petitioner is squarely covered by a Division Bench judgment of this Court in State of Assam –VsMuslim Ali; reported in 2013 (2) GLT 945. Learned Standing Counsel was directed to examine this aspect and make his submissions.

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Today, when the matter is called upon, Mr Dutta submits that case of the petitioner is squarely

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covered by the aforesaid Division Bench judgment.

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In view of above and the law laid down in Muslim Ali (supra), respondents are directed to release the outstanding contractual dues of the petitioner pursuant to work order dated 18.12.2008, without making any deduction on account of forest royalty from the bills of the petitioner. This shall be done within a period of three months from the date of receipt of a certified copy of this order.

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Writ Petition is disposed of.

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JUDGE

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Comparing Assistant

Bani Hazarika v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Bani Hazarika v. the State of Assam and 4 Ors.

Case brief

What is this about?

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