Petitioner sought release of outstanding payment for completed water resources construction work. Court disposed of the petition directing the Chief Engineer to verify claims and release payment per existing guidelines within 90 days.
Direction to Respondent No. 2 to verify claims and release payments within 90 days.
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GAHC010093212018
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4110/2018
SRI GUNA KANTA GOGOI
S/O- SRI RUPESWAR GOGOI, R/O- VILL- TENGA AAM, MAJGAON, PO AND PS GHILAMARA, DIST- LAKHIMPUR, ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECY. TO THE GOVT. OF ASSAM, WATER RESOURCES DEPTT., DISPUR, GHY-6, ASSAM
2:THE CHIEF ENGINEER WATER RESOURCES DEPTT. CHANDMARI GHY-3 ASSAM
3:THE ADDL. CHIEF ENGINEER UPPER ASSAM ZONE WATER RESOURCES DEPTT. DIBRUGARH ASSAM
4:THE SUPERINTENDING ENGINEER LAKHIMPUR WATER RESOURCES CIRCLE NORTH LAKHIMPUR ASSAM PIN- 787001
5:THE EXECUTIVE ENGINEER DHAKUAKHANA WATER RESOURCES DVN DHAKUAKHANA DIST- LAKHIMPUR
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ASSA
Advocate for the Petitioner : MR. P K MAZUMDAR
Advocate for the Respondent : SC, WATER RESOURCE
BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
Date : 16.03.2023
Heard Mr. P. K. Mazumdar, learned counsel for the petitioner and Mr. B. Goswami, learned Addl. Advocate General appears for water resource department.
2. It is submitted by the learned counsel for the petitioner that in response to the work order issued on 20.01.2007 for construction of land spur at 19th KM of B/dyke from Sissikalghar to Tekeliphuta near Matmara (E/W by head load), the petitioner was awarded the work and as per the schedule of the work order the work was duly completed to the satisfaction of the respondent authorities. Work orders vide Memo No. W/8/2006/347 dated 20.01.2007, Memo No. SEL/W/Dh/19/2005-06/22 dated 29.01.2007, Memo No. SEL/W/Dh/19/2006-07/64 dated 22.03.2007, Memo No. SEL/W/Dh/21/2006-07/14 dated 30.03.2007 and Memo No. W- 1/2001/7809 dated 11.09.01 which were duly executed. However the payment for works executed have not yet been released.
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3. The learned counsel for the petitioner referring to Paragraph 7, Page-5 of the writ petition submits that a total bill value of Rs. 9,04,367/- (Rupees Nine lakhs Four thousand Three hundred Sixty seven) only has been left outstanding which has not been paid on account of the certain works allotted to him by the respondents. Although he had successfully completed the works allotted to him but the respondent authorities have not paid the aforesaid amount, which according to the petitioner, is an admitted amount. Being aggrieved, the present petition has been filed.
4. Upon hearing the learned counsels for the parties and upon perusal of the pleadings, this Court is of the view that this matter can be disposed of in terms of the directions contained in Tamsher Ali and Ors Vs. State of Assam and Ors reported in 2008 (4) GLT 1, with a direction to the respondents more particularly respondent No. 2 to release the balance payments due to the petitioner as admitted by the Department.
5. Accordingly, this writ petition is disposed of with a direction to respondent no.2 Chief Engineer, Water Resources Department, Chandmari, Guwahati-3, Assam to verify the claims of the petitioner as per the Liability Statement stated to have been issued by the Executive Engineer, Dhakuakhana Water Resources Division, Dhakuakhana, District-Lakhimpur, Assam.
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6. Upon due verification, if the claims of the petitioner are found to be admissible, the department will take steps to release the payments in terms of the guidelines issued by this Court in Tamsher Ali (Supra).
7. Writ petition is accordingly disposed of.
8. No order as to cost.
9. The entire exercise shall be completed by the respondent no.2 within a period of 90 (Ninety) days from the date of receipt of the certified copy of this order.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the petitioner is entitled to the release of outstanding payment for completed works.
The manner in which the department should verify the claims of the petitioner.
Whether specific directions should be issued to the respondent authorities to dispose of the matter.
Colour shows how this judgement treated each authority
Tamsher Ali and Ors Vs. State of Assam and OrsExplained¶4
2008 (4) GLT 1
Sri Guna Kanta Gogoi
State of Assam
Secretary to the Govt. of Assam, Water Resources Deptt.
Chief Engineer Water Resources Deptt.
Addl. Chief Engineer Upper Assam Zone
Superintending Engineer Lakhimpur
Soumitra Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
