Disposed

Abul Kalam Azad Khan v. the State of Assam and 5 Ors.

Gauhati HC8 Apr 2024WP(C)/2147/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought the payment of outstanding dues for completed government works. The court directed the Chief Engineer (PHE), Assam, to verify the claim and process the payment within one month. The petition was disposed of on these grounds.

What did the court decide?

Direction to respondent No. 3 (Chief Engineer, PHE, Assam) to verify petitioner's claim and proceed to pay the outstanding bill amount within one month.

Abul Kalam Azad Khan Vs the State of Assam and 5 Ors. — Service and Employment | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010058422022

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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)/2147/2022

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ABUL KALAM AZAD KHAN

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S/O- LATE PIR MOHAMMAD KHAN, R/O- M. CO. ROAD, WARD NO. 14, P.S. AND DIST. DHUBRI, ASSAM

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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, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-6.

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT HAVING ITS OFFICE AT DISPUR GUWAHATI- 781006.

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3:THE CHIEF ENGINEER (PHE) ASSAM HENGRABARI GUWAHATI-36.

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4:THE ADDL. CHIEF ENGINEER (PHE) LOWER ASSAM ZONE BAMUNIMAIDAM GUWAHATI-21.

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5:THE EXECUTIVE ENGINEER (PHE) DHUBRI DIVISION DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN- 783301.

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6:THE ASSISTANT EXECUTIVE ENGINEER (PHE) HATSINGIMARI SUB-DIVISION P.O. AND DIST. SOUTH SALMARA MANKACHAR ASSA

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Page No.# 2/3

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Advocate for the Petitioner : MR. N ALAM R K

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Advocate for the Respondent : SC, P H E

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BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

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ORDER

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Date : 09.04.2024

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Heard Mr. A. Rahman, learned counsel for the petitioner and Mr. I. Borthakur, learned Standing Counsel, PHE. Also heard Mr. P. Nayak, learned Standing Counsel, Finance Department.

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The petitioner by filing this writ petition is seeking relief of the outstanding bill amount of Rs. 5,21,727/- relating to the works completed by the petitioner in connection with installation of Water Pumps, RCC Ring Well Coverage, Tara Hand Pumps etc., under the National Rural Drinking Water Programme at various places within the district of Dhubri, South Salmara, Mankachar.

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The case of the petitioner is that after following all the formalities, the respondent authorities issued work orders, which are enclosed as Annexures 1 to 8 in the writ petition for the works of installation of Water Pumps, RCC Ring Well Coverage, Tara Hand Pumps etc., under the National Rural Drinking Water Programme at various places within the district of Dhubri, South Salmara, Mankachar.

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It is the further case of the petitioner that upon successful completion of the said works, the respondent authorities inspected the aforesaid works done and issued completion certificate to the petitioner certifying that the petitioner has completed the subject works allotted to him satisfactorily.

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It is the further case of the petitioner that thereafter the respondent authorities have also issued one pending bill statement mentioning the pending bills against each

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of the works allotted to him. However, the outstanding bill amount of Rs.5,21,727/has not been paid to the petitioner till date despite several representation of the petitioner.

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Aggrieved by such inaction of release of the aforesaid outstanding amount, the present writ petition has been filed.

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I have heard the submissions made at the Bar and perused the materials available on record. It appears that the petitioner by a representation dated 24.06.2019 requested the office of the Executive Engineer (PHE), Dhubri Division, Dhubri, to release the outstanding bill amount against the subject works to the petitioner. However, the said representation is still not been attended to.

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In view of the above, this Court is of the considered view that for the ends of justice, this writ petition can be disposed of with a direction to the respondent authority, more particularly, the respondent No. 3, i.e., the Chief Engineer (PHE), Assam, to verify the claim of the petitioner and proceed in accordance with law within a period of one month from the date of receipt of a certified 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

Abul Kalam Azad Khan v. the State of Assam and 5 Ors.

Case brief

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Abul Kalam Azad Khan v. the State of Assam and 5 Ors.

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