Disposed

Minarul Amin v. the State of Assam and 5 Ors.

Gauhati HC1 Aug 2024WP(C)/1560/2023

Case brief

AI extract

What is this about?

A contractor sought release of Rs.1,00,170/- in contractual bills for flood damage restoration works on an embankment, backed by a Completion Certificate from the Executive Engineer. With the respondents' parawise comments not denying the claim, the court directed release of funds and payment within four months.

What did the court decide?

Payment of admitted contractual dues of Rs.1,00,170/- within 4 months; respondent no.5 to make funds available.

Minarul Amin Vs the State of Assam and 5 Ors. — Contract and Commercial Disputes | Gauhati HC (2024)

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GAHC010050762023

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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)/1560/2023

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MINARUL AMIN S/O- LT. HAMID ALI R/O WARD NO. 2 MANGALDOI P.O. AND P.S.- MANGALDOI

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DIST.- DARRANG ASSAM PIN- 784125.

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM

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WATER RESOURCES DEPARTMENT

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DISPUR GUWAHATI-6 ASSAM.

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2:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT

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CHANDMARI GUWAHATI-3 ASSAM.

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3:THE SUPERINTENDING ENGINEER SOUTHERN ASSAM CIRCLE

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Page No.# 2/4

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WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-3 ASSAM. 4:THE EXECUTIVE ENGINEER MANGALDOI WATER RESOURCES DEPARTMENT MANGALDOI ASSAM.

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5:THE SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT (GENERAL) DEPARTMENT DISPUR GUWAHATI-6 ASSAM. 6:THE DEPUTY COMMISSIONER DARRANG MANGALDOI ASSAM. -----------Advocate for : MR. P K MAZUMDAR Advocate for : SC WATER RESOURCE appearing for THE STATE OF ASSAM AND 5 ORS

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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02.08.2024

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Heard Mr. P.K. Mazumdar, learned counsel for the petitioner. Also heard Mr. S.R. Barua, learned counsel for the respondent no.6 and Ms. R. Deka, learned counsel for the respondent nos.1,2, 3 & 4. Mr. H. Handique, learned counsel appears for the respondent no.5.

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The petitioner has filed this petition for release of his contractual bills amounting to Rs.1,00,170/-, in respect of the works done by the petitioner,

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namely “Immediate measures to restore flood damages on Noanadi L/B embankment from Sitikapara to Rajghat (including closing of breach at Mojachuburi) under SDRF 2018-19 (Part-I)”.

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The petitioner’s counsel submits that as per the Completion Certificate issued by the Executive Engineer, Mangaldoi Water Resources Division, the petitioner is entitled to Rs.1,00,170/- as on date.

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Mr. S.R. Barua, learned counsel for the respondent no.6 has brought the records and also the parawise comments made by the respondent no.6.

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The parawise comments which has submitted by Mr. S.R. Barua and the documents annexed with the parawise comments are made a part of the record and marked as Annexure-X collectively.

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A perusal of the same clearly goes to show that the petitioner is to be paid Rs.1,00,170/- as per the Certificate issued by the Executive Engineer, Mangaldoi Water Resources Division. The parawise comments also do not deny the petitioner’s claim for payment of Rs. Rs.1,00,170/-.

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In view of the fact that the petitioner’s claim is an admitted amount, the respondent no.5 is directed to make funds available to the other respondents for payment of the admitted dues of the petitioner. Thereafter the admitted contractual dues should be paid. The entire exercise should be concluded within a period of 4 (four) months from the date of receipt of a certified copy of this

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order.

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8. The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Minarul Amin v. the State of Assam and 5 Ors.

Case brief

What is this about?

What did the court decide?

Minarul Amin v. the State of Assam and 5 Ors.

Case brief

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