Short order disposing of a writ petition for payment of outstanding dues on supply orders. The Court held that keeping the petition pending served no practical purpose as the authorities had acknowledged the claim.
Directing respondents to verify bills and clear outstanding dues within three months of receipt of certified copy of this order.
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GAHC010070482018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 2243/2018
1:BADAL PAUL S/O PARITOSH PAUL R/O TARANI ROAD, RANGIRKHARI SILCHAR, CACHAR- 788010 ASSAM
VERSUS
1:THE STATE OF ASSAM AND 5 ORS.
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PWD ROADS, DISPUR, GUWAHATI-06.
2:THE COMMISSIONER AND SECRETARY TO THE GOVT.OF ASSAM
FINANCE DEPARTMENT
DISPUR GUWAHATI -06.
3:THE CHIEF ENGINEER PWD ROADS
BRC AND NEC WORKS CHANDMARI GUWAHATI-06.
4:THE SUPERINTENDENT ENGINEER PWD ROAD
HAFLONG NEC CIRCLE CAMP
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SILCHAR CACHAR- 788010.
5:THE ASSISTANT EXECUTIVE ENGINEER PWD SILCAHR NEC SUB-DIVISION-1
ITKHOLA SILCHAR CACHAR- 788010
Advocate for the Petitioner : MS. S G BARUAH
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
11.09.2019
Heard Ms. S. G. Baruah, learned counsel for the petitioner. I have also heard Ms. M. D. Borah, learned Govt. Advocate, Assam, appearing for the official respondents.
The petitioner had executed certain supply orders issued by the authorities whereafter, he had submitted bills requesting for payment of the same. However, when the total amount of Rs.6,80,518/- involved in the bills submitted by the petitioner were not paid by the authorities despite repeated requests made by him, the petitioner was compelled to approach this Court bi filing the instant writ petition.
Ms. Borah, learned Govt. Advocate, Assam, has produced a copy of the
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written instruction dated 23.05.2019. A perusal of the written instruction goes to show that the claim of the writ petitioner has not been disputed by the authorities but as per the written instruction it appears that the respondents have written for allocation of fund for clearing the outstanding dues of the petitioner. Ms. Borah submits that no sooner the fund is received by the authorities, the petitioner’s bills would be cleared. However, no timeframe for making payment has been suggested by the respondents.
In view of the above, I am of the considered opinion that keeping this writ petition pending before this Court would not serve any practical purpose. The writ petition is, therefore, disposed of by directing the respondents to verify the bills of the petitioner and thereafter, make payment so as to clear his outstanding dues. The aforesaid exercise be carried out and completed within a period of three months from the date of receipt of a certified copy of this order. The authorities in the Department of Finance, Assam to render necessary cooperation towards implementation of this order.
Writ petition stands disposed of.
Comparing Assistant
Badal Paul
State of Assam and 5 Ors.
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
