Disposed

Aftab Hussain v. Union of India and 5 Ors.

Gauhati HC10 Mar 2024WP(C)/1354/2024

Case brief

AI extract

What is this about?

A registered Water Resources contractor sought payment of an outstanding balance of Rs.9,51,389 for completed works. With respondents consenting and a liability statement issued by the Executive Engineer, the Court disposed of the petition at motion stage directing re-verification and release of dues per earlier directions.

What did the court decide?

Petition disposed at motion stage with directions to verify and pay admitted dues of Rs.9,51,389 per prior Nazim Hussain directives within 5 months.

Aftab Hussain Vs Union of India and 5 Ors. — Public Procurement and Tenders | Gauhati HC (2024)

¶1

Page No.# 1/4

¶2

GAHC010046972024

¶3

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

¶4

Case No. : WP(C)/1354/2024

¶5

AFTAB HUSSAIN S/O- LATE MAHAMMAD HUSSAIN, R/O- VILLAGE KATANIGAON, P.O- PATHORI, P.S- SADAR, PIN-782003, DIST- NAGAON, ASSAM

¶6

VERSUS

¶7

UNION OF INDIA AND 5 ORS

¶8

MINISTRY OF JAL SHAKTI E GOVERNANCE CELL, 6TH FLOOR CABIN, SHRAM SHAKTI BHAWAN, RAFI MARG, NEW DELHI-01

¶9

2:THE STATE OF ASSAM

¶10

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

¶11

DISPUR GUWAHATI-6

¶12

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

¶13

4:THE SUPERINTENDENT ENGINEER NAGAON WATER RESOURCE CIRCLE NAGAON-782001

¶14

5:THE EXECUTIVE ENGINEER

¶15

MORIGAON WATER RESOURCES DIVISION MORIGAON PIN-782105

¶16

6:THE ASSISTANT EXECUTIVE ENGINEER

¶17

JAGIROAD WATER RESOURCES SUB DIVISION JAGIROAD PIN-782410 ASSA

¶18

Page No.# 2/4

¶19

Advocate for the Petitioner : MRS. K K CHOUDHURY

¶20

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

¶21

BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

¶22

ORDER

¶23

Date : 11.03.2024

¶24

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.

¶25

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 Anti-Erosion Measures at Different Reaches.”

¶26

Though the petitioner had completed the work contracts and was paid a certain sum of money, the balance amount of Rs.9,51,389/- has not been paid to the petitioner.

¶27

The petitioner’s counsel submits that the Executive Engineer, Morigaon WR Division, vide letter No. MGWRD/W-205/PT.VII/2023/936 dated 04.05.2023, has furnished the liability statement issuing the outstanding amount liability towards the petitioner, i.e., Rs.9,51,389/-. The petitioner’s counsel submits that that the present case is covered by the order dated 27.09.2022 passed by this Court in

¶28

Page No.# 3/4

¶29

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.

¶30

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.

¶31

I have heard the learned counsels for the parties.

¶32

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:-

¶33

“(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.

¶34

(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.

¶35

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

¶36

In view of the consent of the parties and in view of the liability statement attached to the letter No. MGWRD/W-205/PT.VII/2023/936 dated 04.05.2023, 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.

¶37

In view of there being an admission made by the respondent No. 5, the

¶38

Page No.# 4/4

¶39

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.

¶40

This writ petition is accordingly disposed of.

¶41

JUDGE

¶42

Comparing Assistant

Aftab Hussain v. Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

Aftab Hussain v. Union of India and 5 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Rezia Begum Vs the State of Assam and 6 Ors.

Satyajit Morang Vs the State of Assam and 6 Ors.

One to Ten Solutions Pvt. Ltd. Vs the Guwahati Municipal Corporation and Anr.

Premdhan Das Vs the State of Assam and 4 Ors.

M/S Barpeta Agro Infra, Vs the Union of India and 2 Others

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