Dismissed

Har Kanta Das and 4 Ors. v. the State of Assam and 5 Ors.

Gauhati HC3 Jun 2022WP(C)/3648/2022

Case brief

AI extract

What is this about?

The Gauhati High Court dismissed a consolidated writ petition filed by five contractors seeking release of contractual bills. The Court held that separate work orders constituted distinct causes of action, prohibiting joinder in a single petition contrary to a cited Full Bench precedent.

What did the court decide?

The writ petition is dismissed for joinder of distinct causes of action; each petitioner must file a separate petition.

Har Kanta Das and 4 Ors. Vs the State of… — Civil Procedure and Limitation | Gauhati HC (2022)

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Page No.# 1/3

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GAHC010101902022

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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)/3648/2022

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HAR KANTA DAS AND 4 ORS S/O- LT. DANESHWAR DAS, VILL/P.O.- MALAYBARI, P.S.- KHETRI, DIST.KAMRUP(M), ASSAM, PIN- 782401.

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2: MOINUL HAQUE CHOUDHURY S/O- LT. AFTAR HUSSAIN CHOUDHURY VILL- KACHUTOLI P.O.- DIGARU P.S. SONAPUR DIST- KAMRUP(M) ASSAM PIN- 782401. 3: SIRAJUL HAQUE CHOUDHURY S/O- LT. ABDUL SAJAD CHOUDHURY VILL- KACHUTOLI P.O.- DIGARU P.S. SONAPUR DIST- KAMRUP(M) ASSAM PIN- 782401. 4: JAHARUL ISLAM S/O- LT. ABDUL SAYAD CHOUDHURY VILL. KACHUTOLI P.O.- DIGARU P.S.- SONAPUR DIST- KAMRUP(M) ASSAM PIN- 782401. 5: SAFIQUR RAHMAN S/O.- LT. SAMSUL HAQUE VILL. KACHUTOLI P.O.- DIGARU P.S.- SONAPUR

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Page No.# 2/3

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DIST- KAMRUP(M) ASSAM PIN- 782401

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VERSUS

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THE STATE OF ASSAM AND 5 ORS

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REPRESENTED BY COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCE (W.R.) DEPARTMENT, DISPUR, P.O./P.S.DISPUR, DIST- KAMRUP(M), ASSAM, PIN- 781006.

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2:THE CHIEF ENGINEER WATER RESOURCE (W.R.) DEPARTMENT ASSAM 5QMC JRR KRISHNA NAGAR P.O./P.S.- CHANDMARI DIST- KAMRUP(M) ASSAM GUWAHATI- 781003. 3:ASST. CHIEF ENGINEER WATER RESOURCE(W.R.) DEPARTMENT ASSAM 5QMC JRR KRISHNA NAGAR P.O./P.S.- CHANDMARI DIST- KAMRUP(M) ASSAM GUWAHATI- 781003. 4:THE SUPERINTENDING ENGINEER SOUTH ASSAM WATER RESOURCE(W.R.) CIRCLE P.O./ P.S.- CHANDMARI DIST- KAMRUP(M) ASSAM GUWAHATI- 781003. 5:EXECUTIVE ENGINEER GUWAHATI EAST WATER RESOURCE (W.R.) DIVISION 88 DR. BK KAKATI ROAD ULUBARI ASSAM GUWAHATI- 781003. 6:ASSISTANT EXECUTIVE ENGINEER (A.E.E.) GUWAHATI EAST WATER RESOURCE (W.R.) DIVISION 88

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DR. BK KAKATI ROAD ULUBARI ASSAM GUWAHATI- 781003

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Advocate for the Petitioner : MR. A H ALAMGIR Advocate for the Respondent : SC, WATER RESOURCE

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BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

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ORDER

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03.06.2022

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Heard Shri AH Alamgir, learned counsel for the petitioners, who are 5(five) in numbers. The petitioners have joined together for a prayer for release of the contractual bills for works allotted to them. It is the contention of the petitioners that the works are under a common scheme.

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On the other hand, Ms. S. Chutia, learned Standing Counsel, Water Resource Department submits that the work orders are different as it would be evident from the documents annexed to the writ petition. A bare perusal of the documents annexed to the writ petition revealed that separate work orders have been issued to the petitioners.

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In the opinion of this Court, this gives rise to separate cause of action which cannot be joined in a single petition. The learned counsel has placed reliance upon a Full Bench decision rendered in Tamsher Ali and ors. Vs. State of Assam reported in 2008 (4) GLT 1 . The said decision shall not come to the aid to the petitioners which in view of the fact that there is separate and distinct cause of action for each of the petitioners.

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In that view of the matter, the writ petition in its present form stands dismissed.

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JUDGE

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Comparing Assistant

Har Kanta Das and 4 Ors. v. the State of Assam and 5 Ors.

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Har Kanta Das and 4 Ors. v. the State of Assam and 5 Ors.

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