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Firoz Hussain Vs the State of Assam and 4 Ors. — Gauhati HC (2023) — LawSathi Research

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Gauhati HC
2023
Firoz Hussain Vs the State of Assam and 4 Ors.Firoz Hussain v. the State of Assam and 4 Ors.

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Firoz Hussain v. the State of Assam and 4 Ors.

Gauhati HC8 May 2023WP(C)/1748/2023

Case brief

from the order text

What is this about?

GAHC010064112023 THE GAUHATI HIGH COURT…

What did the court decide?

Respondent directed to pay outstanding liability of Rs.46,96,808/- within 5 months.

What the court decided

AI extract

Outcome

Respondent directed to pay outstanding liability of Rs.46,96,808/- within 5 months.

Issue for consideration

Whether the respondent is directed to pay the admitted outstanding contractual bill amount to the petitioner.

A compact analysis

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.

A

Page No.# 1/3

GAHC010064112023

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/1748/2023

FIROZ HUSSAIN S/O- LATE ABDUL HUSSAIN, R/O- M. AZAD ROAD, NEAR INDIAN OVERSEAS BANK, P.O AND P.S- NAGAON, SADAR , PIN-782001, DIST- NAGAON, ASSAM

VERSUS

THE STATE OF ASSAM AND 4 ORS

TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GHY-06

2:THE CHIEF ENGINEER

WATER RESOURCES DEPARTMENT

ASSAM BASISTHA GUWAHATI-29

3:THE SUPERINTENDING ENGINEER WATER RESOURCES DEPARTMENT

DIVISION NAGAON -782001

4:THE EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT

NAGAON -782001

Page No.# 2/3

5:THE ASSISTANT EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT

NAGAON -78200

Advocate for the Petitioner : MRS. K K CHOUDHURY

Advocate for the Respondent : SC, WATER RESOURCES

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

ORDER

08.05.2023

Heard Mrs. K.K. Choudhury, learned counsel for the petitioner. Also heard Mr. R.M. Das, learned counsel for the Water Resources Department.

The petitioner’s case is that the petitioner’s contractual bill amounting to Rs.48,66,808/- against the work completed by the petitioner in the year 20162018, 2019-2020 had not been paid. She submits that in the meantime Rs.1,70,000/- has been paid, thereby leaving a balance of Rs.46,96,808/payable by the respondents. She accordingly prays that a direction should be issued to the respondents to pay the said amount.

Mr. R.M. Das, learned counsel for the Water Resources Department submits that he has received parawise comments/instructions, which is to the effect that the outstanding liability payable to the petitioner amounts Rs.46,96,808/-. However, the outstanding balance could not be paid to the

Page No.# 3/3

petitioner due to non-receipt of funds.

On considering the fact that the outstanding liability payable to the petitioner is an admitted amount, the respondents are directed to pay the said outstanding liability of the petitioner, within a period of 5 (five) months from the date of receipt of a certified copy of this order.

The writ petition is accordingly disposed off.

The parawise comments received by the counsel for the Water Resources Department is made a part of the record and marked as ‘Annexure-X’.

JUDGE

Comparing Assistant

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the respondent is directed to pay the admitted outstanding contractual bill amount to the petitioner.

Parties & counsel

AI extract

petitioner
FIROZ HUSSAIN
respondent
STATE OF ASSAM
respondent
SECRETARY TO THE GOVERNMENT OF ASSAM
respondent
THE CHIEF ENGINEER
respondent
THE SUPERINTENDING ENGINEER
respondent
THE EXECUTIVE ENGINEER

Coram

AI extract

MICHAEL ZOTHANKHUMA

Case details

As recorded by the court registry

Court: Gauhati HC
Decided on: 8 May 2023 · May
Registered: 24 Mar 2023
Case no.: WP(C)/1748/2023
CNR: GAHC010064112023
Bench: Michael Zothankhuma
Disposal: Disposed Of

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Cite this judgement

Firoz Hussain v. the State of Assam and 4 Ors., WP(C)/1748/2023 (GAU), decided on 8 May 2023.

The Gauhati High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

MICHAEL ZOTHANKHUMA

Parties & counsel