Petitioner claimed unpaid ₹15,91,200 for completed canal work. Court noted respondent issued completion certificate but payment remained pending. Finding case covered by a prior order dated 22.12.2021, writ petition was disposed without adjudicating the claim.
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GAHC010204652021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6653/2021
BABRUBAHAN BASUMATARY S/O LATE PRAKASH CHANDRA BASUMATARY RESIDENT OF VILLAGE GWJWNPURI, PO, PS AND DIST KOKRAJHAR, BTR, ASSAM
VERSUS
THE STATE OF ASSAM AND 5 ORS
THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, IRRIGATION DEPARTMENT, DISPUR GUWAHATI 06
2:THE CHIEF ENGINEER IRRIGATION
ASSAM CHANDMARI GUWAHATI 03
3:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY THE PRINCIPAL SECRETARY BTC PO AND DIST KOKRAJHAR BTR ASSAM 783370
4:THE SECRETARY
IRRIGATION DEPARTMENT
BODOLAND TERRITORIAL COUNCIL KOKRAJHAR
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ASSAM 783370
5:THE COUNCIL HEAD OF DEPARTMENT AND SUPERINTENDING ENGINEER
IRRIGATION DEPARTMENT BTC PO AND DIST KOKRAJHAR BTR ASSAM 783370 6:THE EXECUTIVE ENGINEER KOKRAJHAR DIVISION IRRIGATION PO PS AND DIST KOKRAJHAR ASSAM 78337
6:THE EXECUTIVE ENGINEER
Advocate for the Petitioner : MR. R MAJUMDAR
Advocate for the Respondent : SC, IRRIGATION
BEFORE
HON’BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
07-01-2022
Heard Mr. R. Dhar, learned counsel for the petitioner and Mr. N. Upadhyaya, learned Standing counsel, Irrigation Department for the respondent Nos. 1 & 2. Also heard Mr. R. K. Muchahary, learned Standing counsel, BTC for the respondent Nos. 3 to 6.
The respondent authorities in the Irrigation Department have issued a Completion Certificate stating that the petitioner has already completed the work of “Improvement of Moinaguri Canal No. 2 under SOPD (BTC) 2019-20” (Annexure-5 to this petition).
It is stated by the petitioner that an admitted amount of Rs. 15,91,200/- is payable to him for completion of the aforesaid construction work. Inspite of his best effort, the respondent authorities
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did not pay him the said admitted amount. Hence, this writ petition.
Learned counsels for the parties submitted at the bar that this case is covered by the order dated 22.12.2021 passed by this Court in WP(C) No. 7152/2021.
In view of the above, this writ petition is disposed of in terms of the order dated 22.12.2021 passed in WP(C) No. 7152/2021.
JUDGE
Comparing Assistant
Babrubahan Basumatary
The State of Assam
Manash Ranjan Pathak
As recorded by the court registry
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