Allowed

Sunti Deka v. the State of Assam and 3 Ors.

Gauhati HC18 Sept 2024WP(C)/2124/2022

Case brief

AI extract

What is this about?

Petitioner filed a writ petition claiming unpaid dues of Rs. 6,21,800/- for completed construction works under government work orders. The Court noted the respondent's admission of liability and directed payment within four months of filing the certified copy of the order.

What did the court decide?

Directed the respondent authority to pay the admitted amount of Rs. 6,21,800/- to the petitioner within four months from the receipt of the certified copy of this order.

Sunti Deka Vs the State of Assam and 3 Ors. — Contract and Commercial Disputes | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010054922022

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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)/2124/2022

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SUNTI DEKA

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S/O- LATE DAYA RAM DEKA, R/O- ARAGAON, WARD NO.-2, MORIGAON, P.O. AND P.S. MORIGAON, DIST- MORIGAON,, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, HOME DEPTT., DISPUR, GHY-06.

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2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-7.

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3:THE SUPTD. OF POLICE MORIGAON DIST.- MORIGAON ASSAM.

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4:THE DEPUTY COMMISSIONER MORIGAON DISTRICT- MORIGAON ASSAM PIN- 782105

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Advocate for the Petitioner : MR. P J SAIKIA, MS D DUTTA

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Advocate for the Respondent : GA, ASSAM,

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Page No.# 2/3

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BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

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ORDER

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Date : 19.09.2024

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Heard Mr. P. J. Saikia, learned counsel for the petitioner. Also heard Mr. K Gogoi, learned State Counsel appearing for the respondents.

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It is stated that pursuant to the Work Orders under Memo No. E/GMRG/NRC/2017/3870 as well as Memo No. E/G/MRG/NRC/2017/3871 both dated 20.12.2017, issued by the Superintendent of Police, Morigaon in terms of the Short Tender Notice issued on 06.12.2017 by the said authority relating to (i) ‘Repairs/Construction of Kitchen, Dining Hall, bathroom, Pit Latrine WC (Pan), Tube Well with pacca plate from sentry post and temporary electrification etc at Jhargaon Veterinary Office campus for accommodation of 1 (one) coy of CAPF in connection with NRC related law and order duty’ and (ii) ‘Repair/construction of police barrack, kitchen, Dining Hall, pit latrine WC Pan, Tube Well with pacca place from sentry post and temporary electrification etc., for use of one coy (CAPF) for NRC related law and order duty at Mayong Community Hall campus under Mayong PS for an amount of Rs.6,21,800/- ( Rs. 3,59,400/- + Rs. 2,62,400/-), though the petitioner completed both the works but the respondent authorities have not paid any amount to the petitioner for completing those two works inspite of submission of bills as well as utilization certificate.

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Page No.# 3/3

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The respondent has filed an affidavit and taken a stand that the petitioner has executed two works as claimed and amount of Rs. Rs.6,21,800/- ( Rs. 3,59,400/- + Rs. 2,62,400/-)is due and the petitioner completed the work within stipulated time.

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In view of such clear admission, the respondent authority now to pay the aforesaid amount due to the petitioner.

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Mr. Gogoi, learned State Counsel submits that some time may be required for final payment and it is expected that payment can be made within a period of 3 (three) months.

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The learned counsel may be correct that the administrative and financial sanction requires some time, but in view of the clear admission as regards the execution of the work and clear admission as regards outstanding dues payable to the petitioner, the petitioner is entitled for the aforesaid amount due.

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Accordingly, it is directed that the outstanding admitted amount be paid to the petitioner within a period of 4 (four) months from the receipt of the certified copy of this order to be furnished by the petitioner before the respondent authority.

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This disposes the writ petition.

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JUDGE

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Comparing Assistant

Sunti Deka v. the State of Assam and 3 Ors.

Case brief

What is this about?

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Sunti Deka v. the State of Assam and 3 Ors.

Case brief

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What the court decided

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