Petitioner sought payment for MGNREGA supplies admitted by authorities but unpaid due to missing DPR. Court directed respondent to admit claim and release payment within three months.
Respondent authorities directed to examine petitioner's claim within one month and release payment within two months thereafter (total three months).
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GAHC010049032022
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1827/2022
MASTUFA AHMED LASKAR
S/O- AZIR UDDIN LASKAR, R/O- RABINDRA SARANI ROAD, WARD NO-2, P.O AND P.S- HAILAKANDI, DIST- HAILAKANDI, ASSAM, PIN-788151
VERSUS
THE STATE OF ASSAM AND 5 ORS
TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO GOVT. OF ASSAM, PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT, DISPUR, GUWAHATI-6
2:THE COMMISSIONER
PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT ASSAM JURIPAR PANJABARI GUWAHATI-37
3:THE DEPUTY COMMISSIONER
CUM DISTRICT PROGRAMME COORDINATOR (MGNREGA) HAILAKANDI ASSAM
ZILLA PARISHAD HAILAKANDI ASSAM
5:THE PROJECT DIRECTOR ZILLA PARISHAD HAILAKANDI
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ASSAM
6:THE BLOCK DEVELOPMENT OFFICER CUM PROGRAMME OFFICER MGNREGA HAILAKANDI DEVELOPMENT BLOCK HAILAKANDI ASSA
Advocate for the Petitioner : MR M J QUADIR
Advocate for the Respondent : SC, P AND R.D.
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 07-06-2023
Heard Mr. K.Mira, learned counsel for the petitioner. Also heard Mr. N. Borah, learned counsel for the respondent Nos. 1, 2, 3, 4, 5 and 6 and Mr. S. Baruah, learned Govt. Advocate appearing for respondent No. 3, who is also the District Programme Coordinator (MGNREGA), Hailakandi.
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Officer, Hailakandi Development Block have admitted the dues of the petitioner to the extent of Rs. 10,13,546/-. It is also projected that although the petitioner was pressing hard for the release of his due payment, the Block Development Officer, Hailakandi Development Block, by a communication bearing No. HDB 238/MGNREGA/2019-20 dated 07.07.2021, informed the Commissioner, P&RD Department, Assam that although five numbers of MGNREGA scheme for the year 2018-19 under the Hailakandi Development has been executed and the materials bills had uploaded in the website by the CA, but the detailed project report had not been uploaded in the website and as a result of which the Block Development Officer could not release the payment against the schemes.
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made to the petitioner within 3(three) months from the date of furnishing a certified copy of this order to the B.D.O.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to payment for supplies made under MGNREGA for which dues were admitted but delayed due to non-upload of detailed project report.
1 provisions across 1 enactments
Mustufa Ahmed Laskar
State of Assam
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
