Disposed

Md. Habibur Rahman and Anr. v. the State of Assam and 21 Ors.

Gauhati HC17 Mar 2023WP(C)/7787/2019

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition concerning the delayed construction of the Darjisit to South Laskar Pathar road segment. The Court closed the petition with an observation that the authorities must complete the work within a reasonable time.

What did the court decide?

The writ petition was closed with an observation that authorities must complete the work within a reasonable period and the petitioners are at liberty to approach remedy if grievances persist.

Md. Habibur Rahman and Anr. Vs the State of… — Contract and Commercial Disputes | Gauhati HC (2023)

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Page No.# 1/6

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GAHC010252662019

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

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Case No. : WP(C)/7787/2019

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MD. HABIBUR RAHMAN AND ANR. S/O. LT. SAKKAI MIA ALI, R/O. VILL. LANKAJAN-DARJISIT, P.O. NONDAPUR, P.S. HOJAI, DIST. HOJAI, ASSAM, PIN-789345.

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2: JAMIR UDDIN S/O. LT. HAZI SIDDIQUE ALI GROUP MEMBER OF GR.-6 (LANKAJAN DARJISIT) DHALPUKHURI GAON PANCHAYAT R/O. VILL. LANKAJAN-DARJISIT P.O. NONDAPUR P.S. HOJAI DIST. HOJAI ASSAM PIN-789345

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VERSUS

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THE STATE OF ASSAM AND 21 ORS.

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REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, AGRICULTURE DEPTT., DISPUR, GUWAHATI-781006.

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2:THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM PUBLIC WORKS DEPTT. (ROADS) DISPUR GUWAHATI-06.

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3:THE CHIEF ENGINEER (EAP)

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PWRD ASSAM ARR AND TI CAMPUS FATASIL AMBARI GUWAHATI-781025.

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Page No.# 2/6

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4:THE ASSAM RURAL INFRASTRUCTURE AND AGRICULTURAL SERVICES SOCIETY (ARIAS SOCIETY)

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REP. BY ITS STATE PROJECT DIRECTOR PROJECT COORDINATION UNIT AGRICULTURE COMPLEX KHANAPARA GUWAHATI-781022.

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5:THE PROJECT DIRECTOR

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ASSAM AGRIBUSINESS AND RURAL TRANSFORMATION PROJECT (APART) AGRICULTURE COMPLEX KHANAPARA GUWAHATI-781022.

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6:THE DY. COMMISSIONER

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HOJAI ASSAM PIN-782435.

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7:THE DISTRICT AGRICULTURE OFFICER

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NAGAON ASSAM PIN-782001.

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8:THE DISTRICT SOCIAL SECTOR COORDINATOR (DSSC)

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APART NAGAON ASSAM PIN-782001.

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9:THE DISTRICT FISHERY OFFICER

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NAGAON ASSAM PIN-782001. 10:THE EXECUTIVE ENGINEER

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PWD ROADS DIVISION SONITPUR AACP DIVISION

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Page No.# 3/6

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TEZPUR ASSAM PIN-784001. 11:THE DISTRICT VETERINARY OFFICER NAGAON ASSAM PIN-782001. 12:THE DIST. SERICULTURE OFFICER NAGAON ASSAM PIN-782001. 13:THE DISTRICT DIARY OFFICER

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NAGAON ASSAM PIN-782001. 14:THE ASSTT. EXECUTIVE ENGINEER

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PWRD MORIGAON AAP SUB-DIVISION MORIGAON ASSAM PIN-782105. 15:ABDUR RAUF S/O ROFIQUE UDDIN R/O DAKHIN LASKAR PATHAR DIST- HOJAI ASSAM PIN-782446. 16:ABDUL MATIN S/O LATE ABDUL BARI R/O DAKHIN LASKAR PATHAR LANKA DIST- HOJAI ASSAM PIN-782446. 17:KAPIL UDDIN LASKAR C/O LATE MASADDAR ALI

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Page No.# 4/6

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R/O VILL DAKHIN LASKAR PATHAR P.O- LANKA DIST- HOJAI ASSAM PIN-782446. 18:MD. ABDUL HAMID S/O LATE ABDUL JALIL R/O VILL DAKHIN LASKAR PATHAR P.O- LANKA DIST- HOJAI ASSAM PIN-782446. 19:SAMSUL HOQUE S/O LATE KUTUB ALI LASKAR R/O DAKHIN LASKAR PATHAR LANKA DIST- HOJAI ASSAM PIN-782446. 20:JAMIL AHMED S/O ABDUL MATIN R/O VILL DAKHIN LASKAR PATHAR P.O- LANKA DIST- HOJAI ASSAM PIN-782446. 21:MONJURUL S/O MONUHAR ALI R/O VILL-DAKHIN LASKAR PATHAR P.O- LANKA DIST- HOJAI ASSAM PIN-782446. 22:ISLAM UDDIN BARBHUYAN S/O MOHAMMAD MAHMAD ALI BARBHUYAN R/O DAKHIN LASKAR PATHAR LANKA DIST- HOJAI ASSAM PIN-782446

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Advocate for the Petitioner : MR. S Y AHMED

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Page No.# 5/6

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY

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ORDER

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17.03.2023

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Heard Mr. S.Y. Ahmed, learned counsel for the petitioners; Mr. B. Choudhury, learned Standing Counsel, Agriculture Department for the respondent nos. 1, 4, 5, 7 & 11; Mr. B. Gogoi, learned Standing Counsel, PWD [Roads] for the respondent nos. 2, 3, 10 & 14; Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 6, 8, 9, 12 & 13; and Mr. G. Uddin, learned counsel for the respondent nos. 15 – 22.

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In the writ petition, the petitioners have projected that by an E-Procurement Notice dated 03.11.2018, the respondent PWD called for tenders for a construction work viz. “Construction of Darjisit to Jamuasit via South Laskar Pathar in Nagaon [Hojai] District”. It is the case of the petitioners that a decision was taken to construct a road from Darjisit to Jamunasit. But the respondent authorities had started construction of the road from a midway point at South Laskar Pathar to Jamunasit which is in between Darjisit to Jamunasit and the construction of the portion of the road from Darjisit to South Laskar Pathar has not yet been started.

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In response, Mr. Gogoi, learned Standing Counsel, PWD has referred to the statements made in the additional affidavit of the respondent no. 3 filed on 19.12.2022, more particularly, paragraph nos. 8 & 9 thereof, to submit that the State Project Director, ARIAS Society has, in the meantime, approved the proposal to cover the Darjisit point which is 1500 metres away from zero point of the awarded contract i.e. at the sluice gate and the Executive Engineer has already been asked to prepare the Detail Project Report [DPR] for the length of 1500 metres. It is his submission that the respondent PWD has undertaken to execute the remaining work within a reasonable period of time.

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Mr. Ahmed, learned counsel for the petitioners has submitted that if a decision has been taken by the respondent PWD authorities to construct the remaining portion of the road as per the E-Procurement Notice, the petitioners would not have any objection.

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Having regard to the submissions of the learned counsel for the parties, more particularly, the submission of Mr. Gogoi, learned Standing Counsel, PWD that the remaining portion of the construction work would be completed in conformity with the E-Procurement Notice dated 03.11.2018, this writ petition is closed with the observation that the respondent authorities in the PWD shall ensure completion of the work within a reasonable period of time as per the undertaking made before this Court. If the petitioners have any grievance thereafter, they are at liberty to take resort to appropriate remedy.

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This order disposes of the writ petition.

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JUDGE

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Comparing Assistant

Md. Habibur Rahman and Anr. v. the State of Assam and 21 Ors.

Case brief

What is this about?

What did the court decide?

Md. Habibur Rahman and Anr. v. the State of Assam and 21 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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