Disposed

Nabajyoti Das v. Union of India and 5 Ors.

Gauhati HC3 Mar 2024WP(C)/1265/2024

Case brief

AI extract

What is this about?

A registered contractor sought payment of balance amounts due on completed flood-protection work contracts. Liability statements admitted part of the claim. Relying on the Nazim Hussain precedent and party consent, the court directed re-verification by the Chief Engineer and compliance with earlier directions within five months.

What did the court decide?

Direction for re-verification of admitted liability and payment per Nazim Hussain directions, entire process within 5 months.

Nabajyoti Das Vs Union of India and 5 Ors. — Contract and Commercial Disputes | Gauhati HC (2024)

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GAHC010037982024

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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)/1265/2024

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NABAJYOTI DAS S/O- LATE PRABHAT CHANDRA DAS, R/O- A.T. ROAD, HAIBORGAON, KHUTI KATIA, P.O. AND P.S.- HAIBARGAON, SADAR PIN- 782002, DIST.- NAGAON, ASSAM.

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VERSUS

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UNION OF INDIA AND 5 ORS MINISTRY OF JAL SHAKTI E-GOVERNANCE CELL, 6TH FLOOR CABIN, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI- 110001.

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2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM

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WATER RESOURCES DEPARTMENT

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DISPUR

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GUWAHATI-6.

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3:THE CHIEF ENGINEER WATER RESUORCES DEPARTMENT ASSAM BASISTHA GUWAHATI-29.

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4:THE SUPERINTENDENT ENGINEER WATER RESOURCES DEPARTMENT DIVISION NAGAON- 782001.

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5:THE EXECUTIVE ENGINEER NAGAON WATER RESOURCES DEPARTMENT DIVISION NAGAON PIN- 782001.

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6:THE ASSISTANT EXECUTIVE ENGINEER NAGAON WATER RESOURCES DIVISION DIVISIONAL OFFICER PIN- 782001 ASSAM

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Advocate for the Petitioner : MRS. K K CHOUDHURY

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Advocate for the Respondent : DY.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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04.03.2024

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Heard Mrs. K.K. Choudhury, learned counsel for the petitioner. Also heard Ms. A. Gayan, learned CGC appearing for the respondent No.1 and Ms. R. Deka, learned counsel for the respondent Nos. 2-6.

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The petitioner’s case is that he is a registered contractor with the Water Resources Department, Morigaon. The petitioner was given various work contracts under the Scheme of “R/S to T/dyke Along Both Banks of Kopilli River From Charaihagi to Tuklaitup (L/B), Basundhari to Killing Kopilli Junction (L/B) and Chaparmukh Ahatguri Amsoi P.W.D. Road (R/B) Including Ante-Erosion Measures at Different Reaches.”

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Though the petitioner had completed the work contracts and was paid a

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certain sum of money, the balance amount of money has not been paid to the petitioner.

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The petitioner’s counsel submits that the contractual amount which is admitted to be payable to the petitioner as per the State Public Information Officer-cum-Assistant Engineer, Nagaon Water Resources Division letters and the annexed Liability Statements made by the Executive Engineer, Nagaon Water Resources Division are to the following effect :

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Sl.No.	Work Order No.	SPIO Letter No.& Date	Admitted Liability by Executive Engineer, Nagaon W.R. Division
1.	RS/EX/CT/SUB/67/6642	No.E/125/4/Pt-V/ 1474	Rs.25,12,249/-
		dated 29.11.2023
2.	A/2/12/C/4500	No.E/125/4/Pt-V/ 1366 dated 08.11.2023	Rs.15,05,547/-

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The petitioner’s counsel submits that that the present case is covered by the order dated 27.09.2022 passed by this Court in WP(C) No. 4734/2021 (Nazim Hussain Vs. The State of Assam and 8 Ors.). She accordingly submits that a similar direction, as given in the above case, be issued in this case.

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Ms. A. Gayan, learned CGC appearing for the respondent No.1 and Ms. R. Deka, learned counsel for the respondent Nos. 2-6 submit that they have got no objection to the prayer made by the petitioner’s counsel.

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I have heard the learned counsels for the parties.

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This Court, in a series of cases, leading case being WP(C) 4734/2021 (Nazim Hussain -vs- The State of Assam and 8 others), while disposing of the similar matters, had passed the following direction, which are as follows:-

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“(1) Within 15 (fifteen) days from today, the concerned official of the State Government of Assam will communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority of the Ministry of Jal Shakti, Government of India.

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(2) Within 60 (sixty) days from the date of receipt of such communication, the Ministry of Jal Shakti to release the amount due under the schemes to the concerned Department of the Government of Assam.

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(3) Upon receipt of the amount, bills of the writ petitioners shall be processed and cleared within a further period of 45 days”

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In view of the consent of the parties and in view of the Liability Statements attached to the 2 letters dated 29.11.2023 and 08.11.2023 issued by the State Public Information officer-cum-Assistant Engineer, Nagaon Water Resources Division, Nagaon this Court is of the view that this writ petition can be disposed of at the Motion stage itself.

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In view of there being an admission made by the respondent No. 5, the respondent No. 3 is directed to re-verify and thereafter take a decision with regard to whether the amount claimed by the petitioner is as per records. In the event, the respondent No. 3 comes to a decision that the amount claimed is an

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admitted amount, the direction passed in WP(C)4734/2021, which has been enumerated above, shall be complied with. The respondents shall thereafter complete the entire process, within a period of 5 (five) months from the date of receipt of a copy of this order.

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This writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Nabajyoti Das v. Union of India and 5 Ors.

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Nabajyoti Das v. Union of India and 5 Ors.

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