A contractor sought release of an outstanding bill of Rs. 3,46,734 for completed contractual earth works under a Kopili River scheme, with dues certified by the Executive Engineer. The Court directed respondent No. 2 to re-verify the claim and process any admitted amount per Tamsher Ali vs. State of Assam within five months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Page No.# 1/4
GAHC010086162023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/2246/2023
PRASANTA NATH SON OF LATE MANORAM NATH, RESIDENT OF VILLAGE- KHALIHANARI, POST OFFICE- BAMUNIJAN, POLICE STATION- RAHA, DISTRICT- NAGAON, ASSAM, PIN- 782425.
VERSUS
THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCE DEPARTMENT, DISPUR, GUWAHATI- 781006.
2:THE CHIEF ENGINEER WATER RESOURCE DEPARTMENT CHANDMARI GUWAHATI PIN- 781003.
3:THE SUPERINTENDING ENGINEER NAGAON AND MARIGAON WATER RESOURCE CIRCLE R K B ROAD HAIBARGAON DISTRICT- NAGAON PIN- 782001.
4:THE EXECUTIVE ENGINEER MARIGAON WATER RESOURCE DIVISION MARIGAON DISTRICT- MARIGAON PIN- 782105.
Page No.# 2/4
5:THE UNION OF INDIA REPRESENTED BY COMMISSIONER MINISTRY OF JAL SHAKTI DEPARTMENT OF WATER RESOURCES RURAL DEVELOPMENT AND GANGA REJUVENATION 6TH FLOOR CABIN SHRAM SHAKTI BHAWAN RAFI MARG NEW DELHI-11000
Advocate for the Petitioner : MR. T DEORI
Advocate for the Respondent : SC, WATER RESOURCE
BEFORE HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
Date : 15.07.2024
Heard Mr. T. Deuri, learned counsel for the petitioner and Mr. C. Sarma, learned counsel appearing on behalf of Mr. R. M. Das, learned Standing Counsel, Water Resource Department as well as Mr. K. Gogoi, learned CGC.
Page No.# 3/4
roughening or benching the seat dugbelling profiling breaking clods upto 25mm cube dressing as per design section including payment of forest royalty if any etc. (10% deduction will be made from section measurement after completion on account of shrinkage) under the scheme R/S to T/dyke along both banks of Kopili River from Charaihagi to Tuklaitup (L/B), Basundhari to Killing Kopili Junction (L/B) and Chaparmukh to Ahatguri Amsoi P.W.D. Road (R/B) including Anti-erosion measures at different reaches to the petitioner.
Page No.# 4/4
JUDGE
Comparing Assistant
1 issue framed by the court
Whether the petitioner is entitled to release of the outstanding certified bill amount of Rs. 3,46,734 for completed contractual works?
Colour shows how this judgement treated each authority
Tamsher Ali vs. State of Assam and othersApplied¶6
2008 (4) GLT 1
1 provisions across 1 enactments
Prasanta Nath
The State of Assam
The Chief Engineer, Water Resource Department, Chandmari Guwahati
The Superintending Engineer, Nagaon and Marigaon Water Resource Circle
The Executive Engineer, Marigaon Water Resource Division
The Union of India
Kaushik Goswami
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
