Writ petition for payment of admitted contractual dues allowed. Court directed State to fund Rs.92,677 within two months, with 6% annual interest on default, based on affidavit-in-opposition deemed admission.
Directed Respondent 4 to pay Rs.92,677 within two months, with 6% p.a. interest on default.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC040003162021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C) 89/2021
1:Tajen Kamum
S/O SHRI MOLI KAMUM A PERMANENT RESIDENT OF VILLAGE SIIRU, PO/PS BASAR, DIST. LEPA RADA,PRESENTLY RESIDING AT RED PUTU AREA, PO/PS BASAR DIST. LEPA RADA, AP.
VERSUS
1:The State of AP and 3 Others
REPRESENTED BY THE SECRETARY (PWD), ITANAGAR, GOVT. OF A P.
2:THE CHIEF ENGINEER PUBLIC WORK DEPARTMENT ITANAGAR GOVT. OF AP.
3:THE SUPERINTENDING ENGINEER PUBLIC WORKS DEPARMENT DIVISION BASAR AP.
4:THE EXECUTIVE ENGINEER PWD BASAR DIVISION LEPARADA DISTRICT AP
Advocate for the Petitioner : Abhai Kumar Singh
Advocate for the Respondent : GA (AP)
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BEFORE HONBLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 03-03-2022
Heard Mr. J. Lomi, learned counsel for the petitioner as well as Mr. N. Lowang, learned Senior Government Advocate representing the State respondents.
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works is found to be approved for Rs.62,985/-. Nonetheless the final bill of the works has not been annexed. On a query of the Court, it has been submitted at the Bar that the State of Arunachal Pradesh does have a Fiscal Responsibility and Budget Management Act. The Executive Engineer, PWD, Basar Road Division has not mentioned in his affidavit-in-opposition whether the said Act has scrupulously followed or not.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to the admitted contractual dues based on the non-denial by the respondent officials.
Whether the State is liable to pay the admitted amount with interest in the absence of a conflicting FBR Act demonstration.
Colour shows how this judgement treated each authority
Not citedReferred
2 provisions across 2 enactments
Tajen Kamum
The State of AP
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
