Disposed

Deepali Bora @ Dipali Bora v. Union of India and 5 Ors.

Gauhati HC10 Mar 2024WP(C)/1343/2024

Case brief

AI extract

What is this about?

Petitioner sought writ relief for unpaid dues to her deceased husband, a contractor with the State. Respondents consented, and the Court disposed of the petition by directing re-verification of the admitted claim and subsequent compliance with directions under Nazim Hussain case within five months.

What did the court decide?

Ordered to re-verify the claimed amount and, if admitted, comply with directions under WP(C) 4734/2021 within five months from receipt of the order.

Deepali Bora @ Dipali Bora Vs Union of… — Contract and Commercial Disputes | Gauhati HC (2024)

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GAHC010046982024

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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)/1343/2024

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DEEPALI BORA @ DIPALI BORA W/O- LATE SARAT CH. BORA, VILL.- CHOTAHAIBOR CT, P.O. HAIBORGAON, P.S. SADAR, DIST. NAGAON, ASSAM, PIN- 781305.

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VERSUS

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UNION OF INDIA AND 5 ORS

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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

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REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCES DEPARTMENT

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DISPUR GHY-6.

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3:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT ASSAM BASISTHA GHY-29.

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4:THE SUPERINTENDENT ENGINEER NAGAON WATER RESOURCES CIRCLE NAGAON-782001.

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

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6:THE ASSISTANT EXECUTIVE ENGINEER RAHA WR SUB- DIVISION RAHA PIN- 782103 ASSA

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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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Date : 11.03.2024

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Heard Mrs. K.K. Choudhury, learned counsel for the petitioner. Also heard Ms. M. Barman, learned counsel appearing on behalf of Ms. A. Gayan, learned CGC appearing for the respondent No.1 and Ms. A. Lodha, learned counsel for the respondent Nos. 2 to 6.

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The petitioner’s case is that her husband was a registered contractor with the Water Resources Department, Nagaon. The petitioner’s husband 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’s husband had completed the work contracts and was paid a certain sum of money, the balance amount of Rs.12,88,042/- has not been paid to the petitioner’s husband, who expired on 25.07.2021.

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The petitioner’s counsel submits that the Executive Engineer, Nagaon W.R. Division, vide letter No. A/2/12/A/Pt-1/693 dated 29.07.2022, has furnished the liability statement issuing the outstanding amount liability towards the petitioner’s husband, i.e., Rs.12,88,042/-. The petitioner’s counsel submits that

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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 statement

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attached to the letter No. A/2/12/A/Pt-1/693 dated 29.07.2022, issued by the Executive Engineer, Nagaon W.R. Division, 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 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

Deepali Bora @ Dipali Bora v. Union of India and 5 Ors.

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Deepali Bora @ Dipali Bora v. Union of India and 5 Ors.

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