The Gauhati High Court disposed of a writ petition seeking payment for executed works. The court directed the Chief Engineer to verify claims against a liability statement within 90 days and release payments if admissible, relying on previous guidelines.
Direction to verify claims and release admissible payments within 90 days.
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GAHC010070722022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2560/2022
FIROZ KHAN S/O- MD. JAMAL UDDIN KHAN R/O- VILLAGE- ACHALPARA, P.O- TUKRAPARA,DIST- KAMRUP, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI-6
2:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT CHANDMARI GUWAHATI-3 ASSAM
3:THE SUPERINTENDING ENGINEER PALASHBARI TOWN PROTECTION CIRCLE
WATER RESOURCE DEPARTMENT BHARALUMUKH GUWAHATI-9 ASSAM
4:THE EXECUTIVE ENGINEER GUWAHATI WEST WATER RESOURCES DIVISION BHARALUMUKH GUWAHATI-9 ASSA
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Advocate for the Petitioner : MR R DHAR
Advocate for the Respondent : SC, WATER RESOURCE
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 03.06.2022
Heard Mr. R. Dhar, learned counsel for the petitioner. Also heard Ms. S. Chutia, learned counsel appears on behalf of the respondent Nos. 1 to 4.
2. This writ petition has been filed by the petitioner, namely, Firoz Khan, seeking directions of this Court for release of payment in respect of the works stated to be executed in pursuance to the work orders issued by the respondent/department.
3. The learned counsel for the petitioner referring to Paragraph 5, Page-7-8 of the writ petition submits that out of the total bill value, part payment was made and now balance of Rs. 282025.00 has been left outstanding which has not been paid on account of the certain works allotted to him by the respondents. Although he had successfully completed the works allotted to him but the respondent authorities have not paid the aforesaid amount, which according to the petitioner, is an admitted amount. Being aggrieved, the present petition has been filed. A Liability Statement dated 15.12.2020 has been
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enclosed to the writ petition showing the amount stated to be released by the department.
4. Upon hearing the learned counsels for the parties and upon perusal of the pleadings, this Court is of the view that this matter can be disposed of in terms of the directions contained in Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1, with a direction to the respondents more particularly respondent No. 2 to release the balance payments due to the petitioner as admitted by the Department.
5. Accordingly, this writ petition is disposed of with a direction to respondent no.2 Chief Engineer, Water Resources Department, Chandmari, Guwahati-781003 to verify the claims of the petitioner as per the Liability Statement stated to have been issued by the Executive Engineer, Guwahati West Water Resources Division, Bharalumukh, Guwahati-9.
6. Upon due verification, if the claims of the petitioner are found to be admissible, the department will take steps to release the payments in terms of the guidelines issued by this Court in Tamser Ali (Supra).
7. Writ petition is accordingly disposed of.
8. No order as to cost.
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9. The entire exercise shall be completed by the respondent no.2 within a period of 90 (Ninety) days from the date of receipt of the certified copy of this order.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the writ petition regarding non-payment of work orders can be disposed of by directive to release balance payments as per department guidelines.
Colour shows how this judgement treated each authority
Tamsher Ali and Ors Vs. State of Assam and OrsRelied on¶4
Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1
Firoz Khan
The State of Assam
Commissioner and Secretary to the Govt. of Assam
Chief Engineer Water Resource Department
Superintending Engineer Palashbari
Executive Engineer Guwahati West Water Resources Division
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
