Allowed

The State of Assam v. M/S Bhabani Performer and 2 Ors.

Gauhati HC22 Sept 2024Review.Pet./31/2024

Case brief

AI extract

What is this about?

State sought review of an order directing payment to writ petitioners after verification found entitlement of Rs.1,97,653/-, contending liability lay with the Ministry of Jal Shakti (90% share) rather than the State (10%). Finding an error apparent on the face of the record, the Court recalled its 18.11.2023 order and restored the writ petition.

What the court decided

AI extract

The State of Assam Vs M/S Bhabani Performer… — Contract and Commercial Disputes | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010044732024

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

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Case No. : Review.Pet./31/2024

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THE STATE OF ASSAM

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REPRESENTED BY THE SECRETARY, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI-781006, ASSAM

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2: THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-781003.

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3: THE EXECUTIVE ENGINEER NAGAON WATER RESOURCES DIVISION NAGAON ASSA

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VERSUS

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M/S BHABANI PERFORMER AND 2 ORS

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PANDU, P.O. PANDU, P.S. JALUKBARI, DIST. KAMRUP(M), ASSAM, REPRESENTED BY ITS PARTNER SRI DEBASHIS BHATTACHARJEE, S/OLATE RATHINDRA BHATTACHARJEE, R/O- PANDU, P.O. PANDU, P.S. JALUKBARI, DIST. KAMRUP(M), ASSAM

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2:DEBASHIS BHATTACHARJEE S/O- LATE RATHINDRA BHATTACHARJEE R/O- PANDU P.O. PANDU P.S. JALUKBARI DIST. KAMRUP(M) ASSAM

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3:DEBOJIT BHATTACHARJEE S/O- LATE RATHINDRA BHATTACHARJEE R/O- PANDU P.O. PANDU

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Page No.# 2/3

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P.S. JALUKBARI DIST. KAMRUP(M) ASSA

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For the Petitioner(s) : Mr. C. Sharma, Standing Counsel

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For the Respondent(s) : Ms. R. Baruah, Advocate

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 23.09.2024

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Heard Mr. C. Sharma, the learned Standing counsel appearing on behalf of the Water Resource Department of the Government of Assam and Ms. R. Baruah, the learned counsel appearing on behalf of the writ petitioners.

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The instant review application has been filed seeking review of the order dated 18.11.2023 passed in WP(C) No.4535/2023 whereby this Court vide the order directed the Chief Engineer, Water Resource Department , Chandmari to make necessary verifications as regards the entitlement of the Petitioners and if it is found that the Petitioners are entitled to such amount, the payment be made within a period of 6 months from the date of receipt of the certified copy of the said order.

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It is seen from the order dated 21.08.2024 that upon verification, it has been found that the writ Petitioners are entitled to an amount of Rs.1,97,653/-. However, it is the specific case of the Review Petitioners that the amount is liable to be paid by the Ministry of Jal Shakti, Government of India and not the State Government taking into account

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Page No.# 3/3

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that in respect to the scheme wherein the writ Petitioners had executed the contractual work, the liability of the Ministry of Jal Shakti, Government of India is 90% and the State Government’s share is only 10%.

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Taking into account the above, it is the opinion of this Court that the directions which have been passed by this Court in its order dated 18.11.2023 passed in WP(C) No.4535/2023 is required to be reviewed inasmuch as an error apparent on the face of the record had crept in. Accordingly, the order dated 18.11.2023 passed in WP(C) No.4535/2023 is recalled.

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The Writ Petition being WP(C) No.4535/2023 is accordingly restored back to the file.

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Review petition stands allowed.

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\ JUDGE

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Comparing Assistant

The State of Assam v. M/S Bhabani Performer and 2 Ors.

Case brief

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What the court decided

The State of Assam v. M/S Bhabani Performer and 2 Ors.

Case brief

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