Petitioner sought order to pay outstanding work order dues. Court directed specific respondents to examine claim, decide, and pay admitted amount within stipulated timeframe if entitlement found.
Directions to examine and verify claim; pass speaking order within one month; pay admitted amount within four months.
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GAHC020005492019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
Case No. : WP(C) 214/2019
1:M/S T. M. LAM AND SONS
GOVT. CONTRACTORS AND SUPPLIERS, REGD. NO.NPW/CLASS - 1/782/NSCU NO.3514, N/L, KOHIMA, REPRESENTED BY T. M. LAM, R/O NOKLAK TOWN, TUENSANG, N/L
VERSUS
1:THE STATE OF NAGALAND AND 8 ORS
THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND, NAGALAND, KOHIMA
2:THE FINANCIAL COMMISSIONER TO THE GOVT. OF NAGALAND NAGALAND
KOHIMA
3:THE HOME COMMISSIONER TO THE GOVT. OF NAGALAND NAGALAND KOHIMA
4:THE ENGINEER-IN-CHIEF NPWD KOHIMA NAGALAND
5:THE DIRECTOR GENERAL OF POLICE NAGALAND KOHIMA
6:THE CHIEF ENGINEER POLICE ENGINEERING PROJECT NAGALAND
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KOHIMA
7:THE SUPERINTENDING ENGINEER POLICE ENGINEERING PROJECT NAGALAND KOHIMA
8:THE PROJECT ENGINEER ALICHEN MOKOKCHUNG NAGALAND
9:THE SUPERINTENDENT OF POLICE TUENSANG NAGALAN
Advocate for the Petitioner : I. IMTI LONGCHAR
Advocate for the Respondent : GOVT ADV NL
BEFORE
HON'BLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 14-11-2019
Heard Ms. Kekhriesenuo, learned counsel for the petitioner and Ms. Lucy, learned State counsel appearing for all the respondents.
The petitioner is a sole proprietorship firm and is a Government registered Contractor and Suppliers with the Nagaland Public Works Department (NPWD). By an work order dated 17.04.2015 issued under the hand of the respondent No.6, the petitioner was awarded the work – “Construction of Type-I quarter at PS Noklak under TFC 2014-15 (Construction of Type-I flat Type-1 units) i.e. site development, water supply & sanitary installation and rain water harvesting” at an amount of
Page No.# 3/4 Rs.43,55,120/- with the stipulation that the said work had to be completed within a period of 12 months. On being awarded the said work, the petitioner completed the work within the scheduled time-period successfully and after inspection of the same, a Committee headed by the Dy. Inspector General of Police (Hqr) certified about the completion of the said work with issuance of a Completion Certificate dated 11.04.2016 by stating that the construction work executed by the petitioner have been found good and satisfactory as per the specification. In view of such successful completion of the work, the petitioner is entitled for payment of the amount of Rs.43,55,120/- but the respondent authorities have not released the same despite repeated representations and approaches made by the petitioner. Hence, the present petition for a direction to the respondent authorities to make the said outstanding dues to the petitioner.
The learned counsel for the petitioner has submitted that a direction may be given to the respondent authorities to consider the claim of the petitioner and if it is found that the petitioner is entitled to the said amount, the same be released within a stipulated period of time.
The learned State counsel has submitted that the writ petition can be disposed of with a direction to the State respondents to examine and verify the claim of the petitioner and to pass appropriate order after such examination and verification.
In view of the submissions so made by the learned counsels for the parties, I am of the view that this writ petition can be disposed of at the motion stage itself. Accordingly, the writ petition is disposed of with a direction to the respondent authorities, more particularly, the respondent Nos. 4 and 6 to examine and verify the claim of the petitioner as regard his entitlement of Rs.43,55,120/- in terms of the work order dated 17.04.2015 and to take a decision thereon by a speaking order within a period of one month from the date of receipt of a certified copy of this order. If after such examination and verification, it is found that any amount is due to the petitioner, the admitted amount shall be paid to the petitioner within a period of 4(four) months.
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The writ petition is disposed of in terms of the above.
Sd/-
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the High Court can direct government authorities to verify and pay the work order amount to the completed contractor.
M/S T. M. LAM AND SONS
THE STATE OF NAGALAND
MANISH CHOUDHURY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
