Disposed

Ratan Chandra Boro v. Bodoland Territorial Council and 3 Ors.

Gauhati HC1 Jun 2022WP(C)/5791/2019

Case brief

AI extract

What is this about?

This writ petition sought directions for release of outstanding contract work payments. The High Court directed the respondent to complete verification within three months and release justified payments per Tamsher Ali guidelines.

What did the court decide?

Direction to complete verification within three months and release justified payments per Tamsher Ali guidelines.

Ratan Chandra Boro Vs Bodoland Territorial… — Contract and Commercial Disputes | Gauhati HC (2022)

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Page No.# 1/4

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GAHC010187992019

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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)/5791/2019

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RATAN CHANDRA BORO

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S/O LT. BABU RAM BORO, VILL. NIZ-JULUKI (KAMAL NAGAR), P.O. BARAMA, P.S. BARAMA, DIST. BAKSA (BTC), ASSAM, PIN-781346

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VERSUS

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BODOLAND TERRITORIAL COUNCIL AND 3 ORS. REP. BY THE PRINCIPAL SECRETARY, BTC BODOFA NWGWR, KOKRAJHAR, ASSAM, PIN-783370

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2:THE SECRETARY BTC BODOFA NWGWR KOKRAJHAR ASSAM PIN-783370

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3:THE COUNCIL HEAD OF THE DEPTT. WPT. AND BC KOKRAJHAR BODOFA NWGWR KOKRAJHAR ASSAM PIN-783370 4:THE BLOCK DEVELOPMENT OFFICER BAKSA DEVELOPMENT BLOCK MUSHALPUR DIST. BAKSA (BTC) PIN-78134

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Advocate for the Petitioner : MR. M SARANIA

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Advocate for the Respondent : SC. BTC

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

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ORDER

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Date : 01.06.2022

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Heard Mr. M. Sarania, the learned counsel for the petitioner. Also heard Mr. B. Choudhury, learned Standing counsel, BTC Department.

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2. This writ petition has been filed by the petitioner seeking directions from this Court for release of an amount of Rs.10,00,000/- (Rupees ten lakhs) only, which has remained outstanding in respect of the bills prayed by the petitioner for the works executed under the Baksa Development Block, Mushalpur, Baksa.

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3. The petitioner is a registered class-II contractor under the P.W.D. (Bldg) to the Government of Assam and he is doing contract works in the State of Assam as well as in Bodoland Territorial Council areas. The petitioner was allotted the work of Earth Filling & Sand Gravelling of the road from Bamunpara Library to Rabhasupa road, under CD for the financial year 2015-2016. The tender value was Rs.10,00,000/- (Rupees ten lakhs) only and the period of completion of the work was 45 days. The claim of the petitioner is that he had completed the works within the stipulated period and as per the progress report submitted by the Block Development Officer, Baksa Development Block, Mushalpur, which was countersigned by

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Page No.# 3/4

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the Junior Engineer, Baksa Development Block, he has completed 100% of the work and the amount shown to be payable is Rs.10 Lakhs in respect of the work of Earth Filling & Sand Gravelling road from Bamunpara Library to Rabhasupa road, under CD for the year 2015-16.

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4. Learned counsel for the petitioner also submits that the work allotted to the petitioner was given the necessary administrative approval by the Bodoland Territorial Council. The technical sanction for the said work was also granted by the Superintending Engineer, PWD, (R & B) Circle, B.T.C, Kokrajhar.

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5. It is submitted by the learned counsel for the petitioner that inspite of the completion of works and the same having been duly certified by the respondent authorities the payments has not been released and has remained outstanding.

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6. Mr. B. Choudhyry, learned Standing counsel, BTC submits that the Bodoland Territorial Council Secretariat, Bodofa Nwgwr, Kokrajhar has issued an order dated 15.11.2021, whereby all contractual works were required to be physically verified and the exercise for due verification was required to be undertaken within a period of 6 (six) months from the date of the issuance of this order and if the claims are found to be payable then the said shall be released by following the norms including the guidelines in terms of Tamsher Ali and Ors. Vs State of Assam and Ors., reported in 2008 (4) GLT 1.

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Page No.# 4/4

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7. Upon hearing the learned counsels for the parties and on perusal of the pleadings on record, this writ petition is disposed of with a direction to the respondent no.1 to cause the necessary enquiry and if the claims of the petitioner are found to be justified then the payments outstanding be released in terms of the guidelines laid down in Tamsher Ali and Ors. Vs State of Assam and Ors.

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8. If the verification required to be done in terms of the order issued by Bodoland Territorial Council Secretariat, Bodofa Nwgwr, Kokrajhar dated 15.11.2021 in respect of the present works has not been completed otherwise in terms of the time framed, then the same shall be completed within a period of 3 (three) months from the date of the receipt of the certified copy of this order.

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9. Writ petition is accordingly disposed of in terms of the above.

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JUDGE

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Comparing Assistant

Ratan Chandra Boro v. Bodoland Territorial Council and 3 Ors.

Case brief

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Ratan Chandra Boro v. Bodoland Territorial Council and 3 Ors.

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