Allowed

M/S N a Enterprise v. the State of Assam and 7 Ors.

Gauhati HC12 May 2024WP(C)/2442/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought payment of outstanding work dues totaling Rs.66,82,010/- for five completed projects. The Court directed the respondent department to examine the claim within 30 days and release the amount if found admissible, referring to precedent.

What did the court decide?

The respondent department is directed to examine the petitioner's claim for Rs.66,82,010/- and release the amount if found admissible within 30 days.

M/S N a Enterprise Vs the State of Assam and 7 Ors. — Writ and Judicial Review | Gauhati HC (2024)

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GAHC010084772024

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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)/2442/2024

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M/S N A ENTERPRISE

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REPRESENTED BY ITS PROPRIETOR NABA TALUKDAR, AGED ABOUT 51 YEARS, S/O ACHYUT TALUKDAR, R/O H. NO. 85, GANESH MANDIR PATH, NEW GUWAHATI, NOONMATI, GUWAHATI, PIN-781020, DIST- KAMRUP (M), ASSAM HAVING ITS REGISTERED OFFICE AT TANGLA, WARD NO. 4, PIN784521, DIST- UDALGURI, BTAD, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE SECRETARY TO THE GOVT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM

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2:THE CHIEF ENGINEER WATER PHED ASSAM HENGRABARI GUWAHATI-36

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3:THE SPECIAL SECRETARY TO THE GOVT. OF ASSAM PHED HENGRABARI GUWAHATI-36 4:THE ADDL. CHIEF ENGINEER PHE CUM DIRECTOR PHED BTC KOKRAJHAR DIST- KOKRAJHAR (ASSAM) PIN-783370

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5:THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM

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PHE DEPARTMENT DISPUR GUWAHATI-06 6:THE EXECUTIVE ENGINEER (PHE) TANGLA DIVISION TANGLA DIST- UDALGURI (ASSAM) PIN-784521 7:THE PRINCIPAL SECRETARY BODOLAND TERRITORAIL COUNCIL DIST- KOKRAJHAR (ASSAM) PIN-783370 8:THE SECRETARY PHED BTC DIST- KOKRAJHAR (ASSAM) PIN-78337

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Advocate for the Petitioner : MR. N D BHUYAN

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Advocate for the Respondent : SC, P H E

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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13.05.2024

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1 . Heard Mr. P.D. Bhuyan, learned counsel for the petitioner. Also heard Mr. R.R. Gogoi, learned counsel for the respondent nos.1, 2, 3 & 5 and Mr. R.K. Mushahari, learned Standing Counsel, BTC for the respondent nos.4, 6, 7 & 8.

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2 . Having regard to the nature of case projected by the petitioner, the writ petition is taken up for disposal at the Motion stage.

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3 . By filing the writ petition, the petitioner claims for payment of the outstanding liability amounting to Rs.66,82,010/-, which is due to him for the

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five numbers of works executed and completed.

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4 . The learned counsel for the petitioner by drawing the attention of this Court to Annexure-3 of the writ petition submits that the same is a communication from the Executive Engineer (PHE) Tangla Division, Tangla to the petitioner showing the outstanding bills amounting to Rs.66,82,010.00 as due to the petitioner.

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5 . The learned counsel for the petitioner submits that the petitioner had served a Legal Notice to the Executive Engineer (PHE) Tangla Division, Tangla on 03.01.2024. But despite the same, dues have not been paid till date and therefore, the petitioner before this Court. The learned counsel submits that in other similar cases, this Court has disposed of such similar claims, in terms of the decision rendered by the Full Bench of this Court in Tamsher Ali vs. State of Assam & Others , reported in 2008 (4) GLT 1 . Therefore, the instant case may also be disposed of in terms of the said judgment.

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6 . The learned counsel appears for the respondents agree with the submission made by the learned counsel for the petitioner.

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7 . In view of above, the respondent department concerned is directed to examine the claim of the petitioner and if found admissible in law, the same should be released. The matter shall be examined by the department within 30 (thirty) days from the date of receipt of a certified copy of this order. The amount claimed if found to be payable as per the provisions of law the respondent authorities will process the claim of the petitioner in the light of the judgment contained in Tamsher Ali (supra). The petitioner shall serve a certified copy of this order along with a copy of this writ petition to the respondent no.4, who shall upon receipt of the same do the needful in terms of

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the direction made hereinabove.

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8 . The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

M/S N a Enterprise v. the State of Assam and 7 Ors.

Case brief

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M/S N a Enterprise v. the State of Assam and 7 Ors.

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