Petitioner sought writ for payment of admitted contract dues. Court noted liability was undisputed and covered by a prior common order. Petition disposed of accordingly.
Petition disposed of in similar terms as per common order dated 27.09.2022.
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GAHC010053782021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1950/2021
TAPAN MEDHI
S/O LATE AMRIT MEDHI, RESIDENT OF VILLAGE SALANA, PO AND PS KHETRI, DIST KAMRUPM ASSAM 782403
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR GUWAHATI 06
2:THE CHIEF ENGINEER
WATER RESOURCE DEPARTMENT ASSAM CHANDMARI GUWAHATI 03
3:THE SUPERINTENDING ENGINEER
NAGAON WATER RESOURCES CIRCLE NAGAON 782001
4:THE EXECUTIVE ENGINEER
MORIGAON WATER RESOURCES DIVISION MORIGAON 782105
5:THE ASSISTANT EXECUTIVE ENGINEER
JAGIROAD WATER RESOURCES SUB DIVISION
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JAGIROAD 78241
Advocate for the Petitioner : MR S MUKTAR
Advocate for the Respondent : SC, WATER RESOURCE
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 12-06-2023
Heard Mr. S. Muktar, learned counsel for the petitioner and Mr. B. Goswami, learned Additional Advocate General, Assam assisted by Mr. P. Kakati, learned counsel for all the respondents.
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humble deponent begs to state that the outstanding liability of the Department towards the petitioner is an amount of Rs. 3,80,631/-. The liability amount could not be paid to the petitioner due to non-availability of fund and the same will be paid as soon as fund is received from the Government.
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same is clearly covered by the common order dated 27.09.2022. He has, thus, submitted that this writ petition can also be disposed of in similar terms.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a writ petition for payment of outstanding contractual dues is maintainable when liability is admitted and covered by a prior common order.
How to dispose of this writ petition in light of the common order passed in batch of similar cases.
Colour shows how this judgement treated each authority
common order dated 27.09.2022Followed¶35
1 provisions across 1 enactments
Tapan Medhi
State of Assam
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
