Disposed

Diganta Choudhury v. the State of Assam and 5 Ors.

Gauhati HC4 Feb 2022WP(C)/161/2019

Case brief

AI extract

What is this about?

The Court directed the Chief Engineer (Water Resources) to take up with authorities for release of funds for two completed schemes. The petitioner is entitled to Rs. 59,74,779/-, which is withheld due to non-receipt of state share funds. The Court ordered payment as and when funds are received.

What did the court decide?

Direction to Respondent No. 2 to take up the matter with concerned authorities for release of funds pursuant to specific Head of Account so that the amount due is paid to the petitioner as and when re

Diganta Choudhury Vs the State of Assam and… — Contract and Commercial Disputes | Gauhati HC (2022)

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GAHC010003162019

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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)/161/2019

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DIGANTA CHOUDHURY

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S/O- KUMUD CHANDRA CHOUDHURY, R/O- JUMALIPATH, ZOO ROAD, H NO. 35, P.O- AIDC, GUWAHATI- 24, P.S- GEETANAGAR, DIST- KAMRUP(M), ASSAM

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, WATER RESOURCE DEPTT, DISPUR, GUWAHATI- 06

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2:THE CHIEF ENGINEER WATER RESOURCE DEPTT GOVT OF ASSAM CHANDMARI GUWAHATI- 03

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3:THE EXECUTIVE ENGINEER GUWAHATI WEST WATER RESOURCE DIVISION BHARALUMUKH GHY- 09

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4:THE SUPERINTENDING ENGINEER PALASHBARI TOWN PROTECTION CIRCLE GUWAHATI- 09

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5:THE ASSISTANT EXECUTIVE ENGINEER MIRZA W R SUB DIVISION PIN- 781125

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6:THE ASSISTANT EXECUTIVE ENGINEER

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HAJO WR SUB DIVISION PIN- 78110

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Advocate for the Petitioner : MR. A SAIKIA

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Advocate for the Respondent : SC, WATER RESOURCE

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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04.02.2022

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Heard Mr. B.K. Das, the learned counsel appearing on behalf of the Petitioner and Mr. B. Goswami, the learned Additional Advocate General appearing on behalf of the Respondent Nos.1 to 6.

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2 . The instant writ petition has been filed challenging the inaction of the respondent authorities in not making payment of the amount of Rs.59,74,779/- to which the Petitioner is entitled by virtue of completion of two works in respect to tenders dated 02.12.2011 and 04.12.2011.

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3 . The facts of the case is that the Petitioner was awarded various Work Orders in respect to two schemes i.e. (i) A/E measures to protect Bamundi village and its adjoining area from the erosion of river Brahmaputra” and (ii) A/E measures to protect B/Dyke on L/B from Gumi to Kalatoli at Goroimari Majortop area in between Ch. 27.80 k.m to Ch. 31.90 k.m”. The Petitioner’s case is that in respect to the two works an amount of Rs.14,62,299/- and Rs.45,12,480/- totalling to Rs.59,74,779/- is due to the petitioner and the said amount has also

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been admitted by the Respondent No.3 and also prepared statement of liabilities. The Petitioner has approached the respondent authorities time and again but the said respondent authorities having not paid the said amount, for which the Petitioner is before this Court under Article 226 of the Constitution of India.

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4 . Mr. B. Goswami, the learned Additional Advocate General has produced an instruction issued by the Chief Engineer, Water Resources Department, Chandmari, wherein it has been mentioned that the FOC issued against the two schemes as per the record available in the Office of the Chief Engineer, Water Resources Department is hereinunder –

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“ 1. A/E measures to protect Bamundi village and its adjoining area from the erosion of river Brahmaputra”. Est. Amount Rs.1480.28 Lakhs.

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Central Share received Rs.205.00 Lakhs.

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State Share received Rs.148.02 Lakhs.

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Total = Rs.353.01 Lakhs

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As reported by the Executive Engineer, Guwahati West W.R. Division made part payment of Rs.6,76,872/- out of bill value of Rs.6,78,872/- against the Work Order No. CE/CC/WR/ASIDC/WN SHEET/11-12/522/7 Dated 15/03/2012 for the above mentioned scheme. The remaining payment lying pending as shown in the Annexure I i.e. balance amount of Rs.14,62,299/- for same scheme.

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2. A/E measures to protect B/Dyke on L/B from Gumi to Kolatoli at Goroimari Majortop area in between Ch. 27.80 km to Ch. 31.90 km”. Est. Amount Rs.2297.00 Lakhs.

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Central Share received Rs.429.00 Lakhs.

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State Share received Rs.279.70 Lakhs.

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Total = Rs.708.70 Lakhs

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Again as reported by the Executive Engineer, Guwahati West W.R. Division made part payment of Rs.11,28,120/- and Rs.11,28,120/ out of bill value of Rs.11,28,120/- and Rs.11,28,120/- against the Work Order No.

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CE/CC/WR/ASIDC/WN SHEET/11-12/522/7 Dated 30/04/2012 and No. CE/CC/WR/ASIDC/WNSHEET/11-12/522/12 Dated 30/04/2012 respectively for the above mentioned scheme. The remaining payment lying pending as shown in the Annexure II i.e. balance amount of Rs.45,12,480/- for same scheme”.

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The said instruction which has been handed over to this Court is made a part of the instant records and marked as letter ‘X’.

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5 . From the above, it would be seen that the entitlement of the Petitioner in so far as the amount of Rs.59,74,779/- from the Water Resources Department i.e the respondents is not in dispute. It is on account of non receipt of the funds which has resulted in not making payment of the said amount to the Petitioner. Under such circumstances, this Court is therefore of the opinion that it would be in the interest of justice that a direction is given to the respondent authorities to take up the matter with the concerned authorities for getting the funds in question so that the said amount may be paid as expeditiously as possible to the Petitioner.

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6. Accordingly the instant petition stands disposed of with a direction to the Respondent No.2 to take up the matter with the authorities concerned for the release of the funds in respect to the Head of Account No.4711 or any other Head of Account in respect to the abovementioned two schemes so that the said amount can be paid as and when received to the Petitioner. It is made clear that as and when the amount is received by the respondent authorities, the said amount shall be paid expeditiously to the Petitioner.

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7 . With the above directions the instant petition stands disposed of.

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8 . The Petitioner shall serve a certified copy of this order to the Respondent No.2 for doing the needful in compliance with the directions made hereinabove.

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JUDGE

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Comparing Assistant

Diganta Choudhury v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Diganta Choudhury v. the State of Assam and 5 Ors.

Case brief

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What did the court decide?

What the court decided

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