Petitioner claimed unpaid contract amount. Respondents admitted liability. Court disposed petition at motion stage, directing re-verification and compliance with prior direction within five months.
Petition disposed; Respondent No. 3 directed to re-verify and, if liable, comply with direction in WP(C) 4734/2021 within five months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC010037992024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/1268/2024
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.
VERSUS
UNION OF INDIA AND 5 ORS MINISTRY OF JAL SHAKTI E-GOVERNANCE CELL, 6TH FLOOR CABIN, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI- 110001.
2:THE STATE OF ASSAM REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM
WATER RESOURCES DEPARTMENT
DISPUR
GUWAHATI-6.
3:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT ASSAM BASISTHA GUWAHATI-29.
4:THE SUPERINTENDENT ENGINEER NAGAON WATER RESOURCE CIRCLE NAGAON- 782001.
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5:THE EXECUTIVE ENGINEER MORIGAON WATER RESOURCES DIVISION MORIGAON PIN- 782105
Advocate for the Petitioner : MRS. K K CHOUDHURY
Advocate for the Respondent : DY.S.G.I.
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
04.03.2024
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Division, vide letter No. MGWRD/W-205/PT.VII/2023/2335 dated 15.12.2023, has furnished the liability statement issuing the outstanding amount liability towards the petitioner, i.e., Rs.2,82,468/-. 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.
“(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.
(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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issued by the Executive Engineer, Morigaon W.R. Division, this Court is of the view that this writ petition can be disposed of at the motion stage itself.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ petition claiming outstanding payment to a registered contractor can be disposed of at the motion stage.
Whether the direction passed in WP(C) 4734/2021 applies to the current liability.
Colour shows how this judgement treated each authority
Nazim Hussain Vs. The State of Assam and 8 Ors.Referred¶26
WP(C) 4734/2021 (Nazim Hussain Vs. The State of Assam and 8 Ors.)
1 provisions across 1 enactments
Nabajyoti Das
Union of India
State of Assam
Ministry of Jal Shakti
Chief Engineer Water Resources Department
Superintendent Engineer Nagaon Water Resources Circle
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
