Petitioner, a Class-1A contractor, sought payment of admitted stationery bills. Court directed the Executive Engineer to verify the claim within two months and pay immediately upon confirmation of unpaid bills.
Respondent No. 4 directed to verify unpaid bills of Rs. 19,47,986/- within two months and pay immediately if found due.
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GAHC010229372022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7215/2022
MINARA BEGUM CHOUDHURY
(M B CHOUDHURY), W/O- ABDUL MONAF CHOUDHURY, VILL AND P.O. SONABARIGHAT PT.I, DIST.- CACHAR, ASSAM
VERSUS
THE STATE OF ASSAM AND 3 ORS REP. BY THE COMM. AND SPECIAL SECY. TO THE GOVT. OF ASSAM, PUBLIC WORKS ROADS DEPTT., ASSAM, DISPUR, GHY-06
2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR GHY-06
3:THE CHIEF ENGINEER PUBLIC WORKS DEPTT. (BORDER ROADS AND NEC WORKS) ASSAM CHANDMARI GHY-3
4:THE EXECUTIVE ENGINEER PUBLIC WORKS ROADS DEPTT. PATHERKANDI AND RATABARI TERRITORIAL ROAD DIVISION RAMKRISHNA NAGAR KARIMGANJ ASSA
Advocate for the Petitioner : MR. N H BARBHUIYA
Advocate for the Respondent : SC, FINANCE
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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 16-11-2022
1. Mr. NH Barbhuiya, learned counsel for the petitioner submits that the petitioner is a registered Class-1A Contractor under the Government of Assam, Public Works Department. The petitioner has been supplying stationery articles to the office of the Executive Engineer, PWD, Badarpur BRC Division, which has been subsequently merged with the office of the Executive Engineer, PWRD, Patharkandi & Ratabari Territorial Road Division, Ramkrishnanagar, Karimganj. He submits that the unpaid bills of the petitioner, for supply of various stationery articles amounting to Rs. 19,47,986/- has been admitted to the respondents, vide letter No. PRTRD/RKN/Supply/14/2019-1802 dated 26.03.2022. He submits that as the outstanding bills of the petitioner is admitted by the respondents, the respondents should be directed to pay the said amount to the petitioner.
2. Ms. S Sharma, learned counsel for the respondent Nos. 1, 3 & 4 and Mr. A Chaliha, learned counsel for the respondent No. 2 submit that the petitioner’s counsel prayer can be allowed, provided that a fresh verification of the amount payable to the petitioner is undertaken by the respondents.
3. On considering the submissions made by the counsels for the parties, the respondent No. 4 is directed to verify whether the petitioner has an unpaid bill amount of Rs. 19,47,986/-. If the respondent No. 4 comes to a finding that there are unpaid bill/s of the petitioner, the unpaid bill/s of the petitioner should be paid immediately, The entire exercise should be concluded within a period of 2 (two) months from the date of receipt of a certified copy of this order.
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4. The writ petition is accordingly disposed of.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the respondents are directed to pay the admitted outstanding bills of Rs. 19,47,986/- to the petitioner after fresh verification?
Who is specifically directed to undertake the verification of unpaid bills and the timeline for payment?
Minara Begum Choudhury
The State of Assam
The Comm. and Special Secy. to the Govt. of Assam, Public Works Roads Deptt., Assam
The Comm. and Secy. to the Govt. of Assam Finance Deptt.
The Chief Engineer Public Works Deptt. (Border Roads and NEC Works) Assam
The Executive Engineer Public Works Roads Deptt. Patherkandi and Ratabari Territorial Road Division
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
