Allowed

Suren Boro v. the State of Assam and 7 Ors.

Gauhati HC30 Aug 2019WP(C)/4480/2019

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking release of contractual dues from a bridge construction work. The court observed that bills were acknowledged and funds available. It disposed of the petition by directing designated respondents to examine the bills and release funds within three months if genuine.

What did the court decide?

Direction to respondents (BTC officials) to examine petitioner's bills and release dues within three months if found genuine.

Suren Boro Vs the State of Assam and 7 Ors. — Service and Employment | Gauhati HC (2019)

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Page No.# 1/4

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GAHC010146272019

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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) 4480/2019

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1:SUREN BORO

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S/O SRI HAGA RAM BORO, R/O VILL. AND P.O. DIMAKUCHI, DIST. UDALGURI, ASSAM, PIN-784526

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VERSUS

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1:THE STATE OF ASSAM AND 7 ORS.

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REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM, PUBLIC WORKS (ROADS) DEPTT. GROUND FLOOR, BLOCK B, ASSAM SECRETARIAT, DISPUR, GUWAHATI ,ASSAM, PIN-781006

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2:SECRETARY TO THE GOVT.OF ASSAM FINANCE DEPTT. DISPUR GUWAHATI-6

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3:THE BODOLAND TERRITORIAL COUNCIL

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REP. BY THE PRINCIPAL SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BODOFANAGAR KOKRAJHAR ASSAM PIN-783370

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4:SECRETARY

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TO THE BODOLAND TERRITORIAL COUNCIL BODOFANAGAR KOKRAJHAR ASSAM PIN-783370

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5:JOINT SECRETARY TO THE BODOLAND TERRITORIAL COUNCIL BODOFANAGAR KOKRAJHAR ASSAM PIN-783370

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6:ADDITIONAL CHIEF ENGINEER BODOLAND TERRITORIAL COUNCIL PWD KOKRAJHAR ASSAM PIN-783370

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7:PROJECT DIRECTOR DRDA UDALGURI DTC ASSAM-784526

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8:BLOCK DEVELOPMENT OFFICER BHERAGAON DEVELOPMENT BLOCK BHERAGAON UDALGURI BTC ASSAM PIN-78452

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Advocate for the Petitioner : MR. K BHATTACHARJEE

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 30-08-2019

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Heard Mr. K.K. Bhattacharjee, learned counsel for the petitioner. I have also heard

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Mr. M. Khataniar, learned counsel appearing for the respondent Nos. 3 to 8 as well as Ms.

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D.D. Barman, learned Govt. Advocate representing the respondent Nos. 1 and 2.

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Seeking a direction upon the respondents to release the contractual dues of the petitioner, the present writ petition has been filed.

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It appears from the record that the writ petitioner had executed the work of construction of bridge 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.

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According to Mr. Bhattacharjee, the writ petitioner has successfully completed the work within the timeframe provided by the authorities and thereafter, submitted bills for an amount of Rs. 33,30,750/-. But despite receipt of the same, no action has been initiated till date for release of the amount.

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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.

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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.

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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

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bills of the petitioner and if the same are found to be genuine, necessary steps for

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releasing the amount due to the petitioner be initiated without any further delay.

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The above exercise be completed as expeditiously as possible but not later than 03

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months from the date of receipt of a certified copy of this order.

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Writ petition stands disposed of.

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JUDGE GS

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Comparing Assistant

Suren Boro v. the State of Assam and 7 Ors.

Case brief

What is this about?

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Suren Boro v. the State of Assam and 7 Ors.

Case brief

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