This writ petition challenged the non-payment of a balance sum of Rs. 4,64,953/- to the petitioner for executed contractual work. The Court directed respondents to verify the claim and release the payment within six months.
Direction to respondents to verify petitioner's claim and release payment of Rs. 4,64,953/- within six months.
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GAHC010288212019
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/8712/2019
UTPAL THAKUR
S/O. GOGEN THAKUR, R/O. DERGAON TOWN, P.O. AND P.S. DERGAON, DIST. GOLAGHAT, ASSAM, PIN-
VERSUS
THE STATE OF ASSAM AND 5 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, PUBLIC WORKS DEPTT., DISPUR, ASSAM SECRETARIAT, GUWAHATI-06.
2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM FINANCE DEPTT. DISPUR ASSAM SECRETARIAT GUWAHATI-06.
3:THE CHIEF ENGINEER P.W.D. (R) GOVT. OF ASSAM CHANDMARI KAMRUP (M) GUWAHATI-03 ASSAM.
4:TH ADDL. CHIEF ENGINEER
P.W.D. (R) EASTERN ZONE DIBRUGARH DIST. DIBRUGARH ASSAM.
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5:THE SUPERINTENDING ENGINEER
P.W.D. (R) JORHAT ROAD CIRCLE JORHAT DIST. JORHAT ASSAM. 6:THE EXECUTIVE ENGINEER P.W.D. (R) GOLAGHAT RURAL/STATE ROAD DIVISION GOLAGHAT DIST. GOLAGHAT ASSAM
Advocate for the Petitioner : MR. N J GOGOI
Advocate for the Respondent : SC, PWD
BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM
ORDER
Date : 03-08-2022
Heard Mr. N.J. Gogoi, learned counsel for the writ petitioner. Also heard Mr. B. Gogoi, learned standing counsel, PWD and Finance appearing for all the respondents.
The writ petitioner herein claims to have executed contractual work under the Golaghat Rural Road Division under Maintenance Fund of ASRB (Assam State Road Board) for the year 2006-07 and thereafter, submitted bill amounting to Rs. 24,43,367/-. Out of the aforesaid amount, a sum of Rs. 19,78,414/- has already been paid to the petitioner. However, aggrieved by non-payment of the balance amount of Rs. 4,64,953/- the petitioner has approached this Court by filing the instant writ petition seeking a writ of mandamus.
Mr. Gogoi submits that if an order is passed by this Court the department would
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verify the claim of the petitioner and thereafter, make payment of the amount found to be due and payable to him.
In view of the above and as agreed to by the learned counsel for both sides, this writ petition is hereby disposed of with a direction upon the respondents to verify the claim of the writ petitioner and if found to be correct, payment be released in his favour as expeditiously as possible but not later than 06 months from the date of receipt of a certified copy of this order.
Writ petition stands disposed of accordingly.
JUDGE
GS
Comparing Assistant
1 issue framed by the court
Whether the writ petitioner is entitled to the balance payment of Rs. 4,64,953/- for contractual work executed under Maintenance Fund.
Utpal Thakur
State of Assam
Commissioner and Secy. to the Govt. of Assam, Finance Dept.
Chief Engineer P.W.D.
Addl. Chief Engineer P.W.D.
Superintending Engineer P.W.D.
Suman Shyam
As recorded by the court registry
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