Disposed

Tania Rigia v. the State of Ap and 3 Ors.

Gauhati HC6 Jun 2022WP(C)/268/2021

Case brief

AI extract

What is this about?

The High Court directed the Power Department to consider the petitioner's unpaid work bill of Rs. 12 Lakh alongside similarly situated persons on a chronological basis as funds become available, ordering the case to be disposed within three months, referencing a previous full bench judgment.

What did the court decide?

Direct authorities to consider the petitioner's claim for pending payment chronologically with similarly situated persons as funds become available, to be completed within three months.

Tania Rigia Vs the State of Ap and 3 Ors. — Banking and Recovery | Gauhati HC (2022)

¶1

Page No.# 1/3

¶2

GAHC040007762021

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

¶4

Case No. : WP(C) 268/2021

¶5

1:Tania Rigia

¶6

S/o Lt. Tasing Rigia of Rigia Village, P.O and P.S Taliha, Distt. Upper Subansiri, State Arunachal Pradesh and Presently residing at Niti Vihar Itanagar, PO and PS Itanagar, District Papum Pare, Arunachal Pradesh.

¶7

VERSUS

¶8

1:THE STATE OF AP and 3 Ors.

¶9

Represented by the Chief Secretary, Govt. of Arunachal Pradesh, Itanagar.

¶10

2:The Chief Engineer (E) Power Department Central Zone Govt. of Arunachal Pradesh Itanagar.

¶11

3:Superintending Engineer (E) A.P Electrical Circle V Deptt. of Power Govt. of Arunachal Pradesh Itanagar.

¶12

4:The Executiver Engineer (E) Daporijo Elect Division Department of Power District Upper Subansiri Govt. of Aruanachal Prades

¶13

Advocate for the Petitioner : K L Nayam

¶14

Advocate for the Respondent : GA (AP)

¶15

Page No.# 2/3

¶16

BEFORE HONBLE MR. JUSTICE S.K.MEDHI

¶17

ORDER

¶18

Date : 06-06-2022

¶19

Heard Shri K. L. Nayam, learned counsel for the petitioner. Also heard Ms. K. Wangmo, learned State counsel for respondent No. 1 and Shri L. Perme, learned Standing Counsel for the Power Department for respondent Nos. 2, 3 & 4.

¶20

The petitioner claims to have completed a number of works with the Power Department after being duly allotted with the same. It is the case of the petitioner that out of a total bill of Rs.12,41,000/- only an amount of Rs.1,00,000/- advance was released to the petitioner and thereafter, no payment has been made.

¶21

It is the case of the petitioner that he has completed the work in all respects and therefore, he is entitled to the amount, as claimed.

¶22

On the other hand, Shri Perme, learned Standing counsel for the Power Department submits that in principle he is not opposing the claim as it is only due to paucity of funds that the amount could not be released.

¶23

In this connection, the averments made in Paragraph Nos. 10 & 11 of the affidavit-in-opposition have been pressed into service.

¶24

Without going into the said aspect, this Court in tune with the full

¶25

Page No.# 3/3

¶26

bench judgment of this Court rendered in Tamsher Ali and Others-vsState of Assam and Others ; reported in 2008 (4) GLT 1 , directs that the claim of the petitioner be considered in accordance with similarly situated on a chronology basis as and when fund is made available to the respondents, the same would be released to the petitioner and similarly situated other persons.

¶27

It is needless to state that such consideration and release has to be made expeditiously as possible preferably not later than 3 (three) months from today.

¶28

In view of the above, this writ petition stands disposed of.

¶29

JUDGE

¶30

Comparing Assistant

Tania Rigia v. the State of Ap and 3 Ors.

Case brief

What is this about?

What did the court decide?

Tania Rigia v. the State of Ap and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Bomter Ropuk and 27 Ors. Vs The State of Ap and Anrs

Phuntso Memba Vs the Union of India and 15 Ors.

Yura Tachik Vs Yura Yame @ Mai

Zion Institute of Nursing (Zion) Vs Rani Borang and Anr.

Tadung Dada Vs Pravimal Abhishek Polumatla

Tagam Dong and 3 Ors. Vs Anirudh Singh and Anr.