Disposed

Jagat Saikia v. the State of Assam and 6 Ors.

Gauhati HC6 Dec 2023WP(C)/3472/2023

Case brief

AI extract

What is this about?

Petitioner sought release of unpaid contractual bills. State admitted liability via written instructions. Court disposed of the petition directing respondents to release bills following the prescription in Tamsher Ali.

What did the court decide?

Directing respondent authorities to take up the matter for release of the contractual bills by following the prescription in Tamsher Ali.

Jagat Saikia Vs the State of Assam and 6 Ors. — Specific Performance | Gauhati HC (2023)

¶1

Page No.# 1/3

¶2

GAHC010130412023

¶3

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

¶4

Case No. : WP(C)/3472/2023

¶5

JAGAT SAIKIA

¶6

S/O- DULESWAR SAIKIA, R/O- VILL- RATANPUR, WARD NO.6, P.O., P.S. AND DIST.- DHEMAJI, ASSAM

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 6 ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, HOME AND POLITICAL DEPTT., DISPUR, GHY-06, ASSAM 2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007 ASSAM 3:THE ADDL. DIRECTOR GENERAL OF POLICE (ADM.) ASSAM ULUBARI GUWAHATI- 781007 ASSAM 4:THE ADDL. DIRECTOR GENERAL OF POLICE (STF) ASSAM ULUBARI GUWAHATI- 781007 ASSAM 5:THE INSPECTOR GENERAL OF POLICE (ADMN.) ASSAM ULUBARI GUWAHATI- 781007

¶9

Page No.# 2/3

¶10

ASSAM

¶11

6:THE INSPECTOR GENERAL OF POLICE (NER) ASSAM TINSUKIA P.O. P.S. AND DIST.- TINSUKIA ASSAM PIN- 786125 7:THE SUPERINTENDENT OF POLICE DHEMAJI P.O. P.S. AND DIST.- DHEMAJI ASSAM PIN- 78705

¶12

Advocate for the Petitioner : MR. P BORDOLOI

¶13

Advocate for the Respondent : GA, ASSAM

¶14

BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

¶15

ORDER

¶16

06.12.2023

¶17

Heard Shri P. Bordoloi, learned counsel for the petitioner, who by means of this petition has prayed for a direction for release of contractual bills for works done under the Home Department.

¶18

It is the case of the petitioner that the firm of which the petitioner is the proprietor, namely, M/s. Saikia Enterprise was awarded works in connection with the Assembly Bye Election, 2017 and formal work order was also issued. The petitioner claims that he is entitled for an amount of Rs.15,22,000/- (Rupees fifteen lakhs and twenty two thousand) only which, however has not been paid. The learned counsel for the petitioner has referred to certain documents to establish that the amount in question is also admitted by the respondent

¶19

Page No.# 3/3

¶20

authorities.

¶21

Shri G. Bokalial, learned State Counsel has however fairly conceded that as per the written instructions, the amount involved is admitted and in fact the process is also undertaken for clearing the same. In this connection, he has placed on record a written instructions dated 11.09.2023.

¶22

On a perusal of the written instructions and on considering the facts and circumstances, this Court is of the opinion that this writ petition can be disposed of in terms of the law laid down by the Full Bench of this Court in the case of Tamsher Ali & Ors. vs-State of Assam and Others , reported in 2008 (4) GLT 1. Accordingly, this writ petition is disposed of by directing the respondent authorities to take up the matter for release of the contractual bills to the petitioner by following the prescription laid down in the case of Tamsher Ali (supra).

¶23

A copy of the written instructions dated 11.09.2023 is made a part of the records.

¶24

JUDGE

¶25

Comparing Assistant

Jagat Saikia v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

Jagat Saikia v. the State of Assam and 6 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Ratna Rani Das and Anr. Vs Dipak Baruah

M/S Puberun Vs the State of Assam and 3 Ors.

Tapan Medhi Vs the State of Assam and 4 Ors.

Md. Jiyaur Pasa Vs the State of Assam and 5 Ors.

Krishna Chetri and Anr. Vs the State of Assam and 4 Ors.

Md. Jiyaur Pasa Vs the State of Assam and 6 Ors.