This order dismisses a writ petition concerning unpaid contract dues of Rs. 2,23,470/-. The court held that since the respondent admitted liability and the issue was covered by a common order dated 27.09.2022, the petition was disposed of similarly.
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.
Page No.# 1/4
GAHC010052332021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1967/2021
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
Page No.# 2/4
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 : 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.
Page No.# 3/4
humble deponent begs to state that the outstanding liability of the Department towards the petitioner is an amount of Rs. 2,23,470/-. 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.
Page No.# 4/4
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
3 issues framed by the court
Whether the writ petitioner entitled to payment of admitted outstanding liability of Rs. 2,23,470/- despite lack of funds.
Whether the issue of non-disbursal of admitted liability is covered by the common order dated 27.09.2022.
Whether the writ petition be disposed of in similar terms as the common order dated 27.09.2022.
1 provisions across 1 enactments
Tapan Medhi
The State of Assam
Secretary to the Govt. of Assam, Water Resource Department
The Chief Engineer, Water Resource Department Assam
The Superintending Engineer, Nagaon Water Resources Circle
The Executive Engineer, Morigaoan Water Resources Division
Manish Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
