Petitioner sought direction to release dues for completed road work. Court held writ courts are not normally appropriate for money claims unless liability is undisputed but directed verification and release within three months if undisputed.
Speedup of verification and payment if liability is undisputed within three months.
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GAHC010004792021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/192/2021
BRIKENDRA BASUMATARY
S/O- LT. HIRANYA BASUMATARY, VILL- ROMANPARA, P.O. KHARGAON, DIST.- KOKRAJHAR, B.T.A.D., ASSAM, PIN- 783370
VERSUS
THE STATE OF ASSAM AND 4 ORS REP. BY THE COMM. AND SECY., TO THE GOVT. OF ASSAM, PUBLIC WORKS ROAD DEPTT., DISPUR, GHY-06
2:THE BODOLAND TERRITORIAL COUNCIL REP. BY THE PRINCIPAL SECY. BODOFA NWGWR KOKRAJHAR B.T.A.D. ASSAM PIN- 783370
3:THE SECRETARY BODOLAND TERRITORIAL COUNCIL PUBLIC WORKS DEPTT. BODOFA NWGWR KOKRAJHAR B.T.A.D. ASSAM PIN- 783370
4:THE ADDL. CHIEF ENGINEER PUBLIC WORKS DEPTT. BODOLAND TERRITORIAL COUNCIL BODOFA NWGWR KOKRAJHAR B.T.A.D. ASSAM
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PIN- 783370
5:THE ASSTT. EXECUTIVE ENGINEER PUBLIC WORKS DEPTT. BODOLAND TERRITORIAL COUNCIL KOKRAJHAR RURAL ROADS DIVISION KOKRAJHAR B.T.A.D. ASSAM PIN- 78337
Advocate for the Petitioner : J U AHMED
Advocate for the Respondent : SC, PWD
BEFORE HONOURABLE MR. JUSTICE N. KOTISWAR SINGH
ORDER
Date : 04-09-2021
Heard Mr. J. U. Ahmed, learned counsel for the petitioner. Also heard Ms. Rita Boro Bora, learned Standing Counsel, BTC.
2. In this petition, the petitioner has sought for a direction to the respondent-authorities to release certain dues which, according to the petitioner, are due to him on account of complete execution of “Construction of Blacktopped road from Sister Convent to Police Reserve Road via Mainaopuri under AOP, BTC”. The approved amount was Rs.29,99,987.00 as per the work order dated 20.06.2016.
3. Learned counsel for the petitioner submits that he had successfully executed the work without any complaint from any quarter. The fact that the work has been executed is certified by the concerned Addl. Chief Engineer on 02.06.2017 as evident from Annexure E.
4. According to learned counsel for the petitioner, if the liability is not denied rather admitted by the authorities but the amount has not been paid merely because of lack of funds, the payment cannot be unduly delayed.
5. Ms. Boro Bora, learned Standing Counsel, BTC submits that unless the liability is admitted and verified by the authorities, the amount cannot be released.
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6. Ordinarily, writ Courts exercising jurisdiction under Article 226 of the Constitution of India are not the appropriate forum to deal with claim or recovery of money, as it would generally entail examination of disputed questions of fact. However, where any liability or due is not disputed but admitted by the other party, there may not be any impediment on the part of the Court to pass appropriate order in that regard.
7. In that view of the matter, this writ petition is disposed of by directing the authorities to make necessary verification and if the amount due is not disputed, the authorities will do the needful for release of the same as expeditiously as possible within a period of three months from the date of receipt of a certified copy of this order.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ court can direct release of undisputed dues despite lack of funds.
1 provisions across 1 enactments
Brikendra Basumatary
The State of Assam and Others
N. Kotiswar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
