Petitioner claimed payment of admitted contractual dues under FMBAP Scheme. Respondent admitted liability. Court disposed of petition relying on a common order dismissing similar petitions.
Writ petition disposed of in similar terms to common order dated 27.09.2022.
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GAHC010054012021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1960/2021
TAPAN MEDHI
S/O LATE AMRIT MEDHI, RESIDENT OF SALANA, PO AND PS KHETRI, DIST KAMRUP M ASSAM 782403
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCE 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 DEPTT.
BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 05-06-2023
Heard Mr. S. Muktar, learned counsel for the petitioner; Mr. B. Goswami, learned Additional Advocate General, Assam assisted by Mr. P. Kataki, learned counsel; and Mr. J. Handique, learned State Counsel.
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Government of India was up-to 80% and the share of the Government of Assam was to the extent of 20%. It is further submitted by them that a batch of writ petition, W.P.[C] no. 4734/2021 and others, involving similar issue like the one involved in this writ petition i.e. non-disbursal of admitted liability of outstanding contractual dues, were already disposed of by a common order dated 27.09.2022. It is submitted by Mr. Goswami, learned Additional Advocate General, Assam that the issue involved in this writ petition includes the matter of non-disbursal of an admitted liability to the extent of Rs. 3,80,853/- and the 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
1 issue framed by the court
Whether a writ petition regarding admitted outstanding contractual liability should be disposed of in similar terms to a common order covering similar issues.
Colour shows how this judgement treated each authority
Common order dated 27.09.2022Relied on¶30
W.P.[C] no. 4734/2021 and others
Tapan Medhi
The State of Assam
The Secretary to the Government of Assam
The Chief Engineer
The Superintending Engineer
The Executive Engineer
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
