In this writ petition, the petitioner sought a direction for release of contractual dues of Rs. 36,65,600/- earned from executing a foot bridge construction work. The court directed the respondents to examine the bills and, if genuine, release the amount within three months.
Direction to examine bills and release dues if genuine within three months.
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GAHC010135012019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 4039/2019
1:SUREN BORO
S/O SRI HAGA RAM BORO, R/O VILL. AND P.O. DIMAKUCHI, DIST.UDALGURI, ASSAM, PIN-784526
VERSUS
1:THE STATE OF ASSAM AND 7 ORS.
REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS (ROADS) DEPTT. GROUND FLOOR, BLOCK-B, ASSAM, SECRETARIAT, DISPUR, GUWHATI, ASSAM, PIN-781006
2:SECRETARY TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-6
3:THE BODOLAND TERRITORIAL COUNCIL REP. BY THE PRINCIPAL SECRETARY TO THE COUNCIL BODOFANAGAR KOKRAJHAR ASSAM
4:SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BODOLAND TERRITORIAL COUNCIL KOKRAJHAR
5:JOINT SECRETARY
TO THE BODOLAND TERRITORIAL COUNCIL
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BODOLAND TERRITORIAL COUNCIL KOKRAJHAR
6:ADDITIONAL CHIEF ENGINEER BODOLAND TERRITORIAL COUNCIL PWD KOKRAJHAR ASSAM
7:PROJECT DIRECTOR DRDA UDALGURI DTC ASSAM
8:BLOCK DEVELOPMENT OFFICER BHERAGAON DEVELOPMENT OFFICER BHERAGAO
Advocate for the Petitioner : MR. K BHATTACHARJEE
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 30-08-2019
Heard Mr. K.K. Bhattacharjee, learned counsel for the petitioner. I have also heard
Mr. M. Khataniar, learned counsel appearing for the respondent Nos. 3 to 8 as well as Ms.
D.D. Barman, learned Govt. Advocate representing the respondent Nos. 1 and 2.
Seeking a direction upon the respondents to release the contractual dues of the petitioner, the present writ petition has been filed.
It appears from the record that the writ petitioner had executed the work of
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construction of a foot bridge at Simaluguri under the Block Development Officer (BDO), Bhergaon Development Block in the district of Udalguri based on the work order issued to him pursuant to the tender notice dated 10-06-2016.
According to Mr. Bhattacharjee, petitioner had successfully completed the work within the timeframe provided by the authorities and thereafter, submitted bills for an amount of Rs. 36,65,600/-. But despite receipt of the same, no action has been initiated till date for release of the amount.
By inviting the attention of this Court to the certificate issued by the BDO, Bhergaon Development Block (Annexure-C1), Mr. Bhattacharjee submits that the amount is admitted and the funds are also available with the authorities. As such, there is no justifiable ground for the respondents to withhold the payment due to the petitioner.
Mr. Khataniar, learned standing counsel, BTC submits that he is yet to receive instruction. But taking note of the materials available on record, learned standing counsel has suggested that the writ petition can be disposed of with a direction to the concerned authority to examine the claim of the petitioner and to take necessary action. Similar is the submission of Ms. Barman, learned Govt. Advocate, Assam.
In view of the above and taking note of the materials available on record, I dispose of this writ petition with a direction upon the respondent Nos. 3, 4 and 5 to examine the bills of the petitioner and if the same are found to be genuine, necessary steps for releasing the amount due to the petitioner be initiated without any further delay.
The above exercise be completed as expeditiously as possible but not later than 03 months from the date of receipt of a certified copy of this order.
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Writ petition stands disposed of.
JUDGE GS
Comparing Assistant
3 issues framed by the court
Whether the writ petition should be disposed of by directing the respondents to examine the claim and release contractual dues.
Whether the petitioner's bills submitted for the construction of a foot bridge are genuine and admissible for payment.
What direction should be issued to the authorities for expeditious examination of the claim.
1 provisions across 1 enactments
Suren Boro
The State of Assam
Bodoland Territorial Council
Suman Shyam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
