A contractor whose Jal Jeevan Mission work allotment was cancelled sought re-allotment and payment of Rs. 5.81 lakhs. The respondents stated the amount had been paid and the work completed by others; the petition was therefore closed as infructuous.
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GAHC010040652023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1155/2023
ISRAM TOPPO ( PROPRIETOR OF M/S I.T. ENTERPRISE), SON OF LATE PREMDHAR TOPPO, R/O- VILLAGE- GORMURA, P.S.- DHEKIAJULI, DISTRICT- SONITPUR, ASSAM. PIN- 784110.
VERSUS
THE STATE OF ASSAM AND 8 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF PUBLIC HEALTH ENGINEERING (PHE), DISPUR, GUWAHATI-06, ASSAM.
2:THE MISSION DIRECTOR JAL JEEVAN MISSION ASSAM HENGRABARI GUWAHATI- 36.
3:THE CHIEF ENGINEER (PHED)-CUM-ADDL. MISSION DIRECTOR JAL JEEVAN MISSION ASSAM HENGRABARI GUWAHATI- 36.
4:THE ADDITIONAL CHIEF ENGINEER (PHE) NORTH ASSAM ZONE TEZPURSONITPUR ASSAMPIN- 784001.
5:THE EXECUTIVE ENGINEER (PHE) -CUM- DISTRICT MISSION DIRECTOR SONITPUR TEZPUR DIVISION NO. 1 TEZPURSONITPUR ASSAM PIN- 784001.
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6:THE SUPERINTENDING ENGINEER (PHE) TEZPUR CIRCLE TEZPUR DISTRICT- SONITPUR ASSAM PIN- 784001.
7:THE ASSISTANT EXECUTIVE ENGINEER (PHE) TEZPUR SUB-DIVISION NO. 1 TEZPUR SONITPUR ASSAM PIN- 784001.
8:THE DEUPTY COMMISSIONER-CUM- CHAIRMAN DWSM SONITPUR TEZPUR ASSAM PIN- 784001.
9:THE BRANCH MANAGER ICICI BANK LIMITED TEZPUR BRANCH TEZPUR ASSAM PIN- 784001
Advocate for the Petitioner : MR. R P SARMAH
Advocate for the Respondent : SC, P H E
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 03.04.2024
Heard Mr. D. Doley, learned counsel for the petitioner, who submits that the work pertaining to Jal Jeevan Mission Scheme in Namgaon in the district of Sonitpur was allotted to the petitioner. However, the allotment of the work was cancelled by the respondent, on the ground that he had not completed the work in time, vide letter dated 30.01.2023.
The petitioner’s counsel submits that the petitioner could not complete the work in time, due to the petitioner not being given his running bills by the respondent authorities. He accordingly prays that a direction should be issued to
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the respondents to re-allot the work to the petitioner and direct the respondents to make full payment of Rs. 5.81 Lakhs payable to the petitioner.
Mr. D. Gogoi, learned counsel for the PHE submits that Rs. 5.81 Lakhs claimed by the petitioner has been paid to the petitioner through internet banking. He further submits that the work that had been allotted to the petitioner has been completed by somebody else.
In view of the above, the present writ petition has become infructuous and the same is accordingly closed, as infructuous.
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner should be re-allotted cancelled Jal Jeevan Mission work and paid Rs. 5.81 lakhs.
Isram Toppo (Proprietor of M/s I.T. Enterprise)
The State of Assam
The Mission Director Jal Jeevan Mission Assam
The Chief Engineer (PHED)-cum-Addl. Mission Director Jal Jeevan Mission Assam
The Additional Chief Engineer (PHE) North Assam Zone Tezpur
The Executive Engineer (PHE)-cum-District Mission Director Sonitpur Tezpur Division No. 1
Michael Zothankhuma
As recorded by the court registry
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