Disposed

Jyoti Prasad Kalita v. the State of Assam and 5 Ors.

Gauhati HC1 Feb 2024WP(C)/6989/2023

Case brief

AI extract

What is this about?

Contractor sought release of Rs.9,38,110/- contractual dues for flood-damage restoration work completed in 2019, supported by a liability statement of the Executive Engineer. The Court directed the Deputy Commissioner to verify the claim and pay admitted dues within two months.

What did the court decide?

Respondent no. 6 directed to verify petitioner's claim; admitted contractual dues to be paid within 2 months.

Jyoti Prasad Kalita Vs the State of Assam… — Contract and Commercial Disputes | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010270952023

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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)/6989/2023

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JYOTI PRASAD KALITA

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S/O LATE JITEN KALITA, R/O VILL AND P.O.-ARJUNGURI, P.S.-SIVASAGAR, DIST-SIVASAGAR, ASSAM, PIN-785640

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VERSUS

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THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, WATER RESOURCES DEPARTMENT, DISPUR, GUWAHATI-6

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2:THE SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCES DEPARTMENT DISPUR GUWAHATI-6 3:THE CHIEF ENGINEER ASSAM WATER RESOURCES DEPARTMENT CHANDAMRI GUWAHATI-781003 DIST-KAMRUP (M) ASSAM

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4:THE EXECUTIVE ENGINEER SIVASAGAR WATER RESOURCES DIVISION SIVASAGAR DIST-SIVASAGAR ASSAM PIN-785640

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5:THE ASSISTANT EXECUTIVE ENGINEER

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Page No.# 2/3

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NAZIRA WATER RESOURCES SUB-DIVISION NAZIRA DIST-SIVASAGAR ASSAM PIN-785007 6:THE DEPUTY COMMISSIONER CHARAIDEO DIST-CHARAIDEO ASSAM PIN-78244

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Advocate for the Petitioner : MR. R SARMA

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Advocate for the Respondent : SC, WATER RESOURCE

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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02-02-2024

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Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. R. M. Das, learned counsel for the respondent nos. 1 to 5 and Mr. K. Gogoi, learned counsel for the respondent no. 6.

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The petitioner has claimed release of contractual dues amounting to Rs.9,38,110/- for works done by him with the Water Resources Department, pertaining to the work of “Immediate measure to restore the damages including road communication of Nagar Ali of river Desang near Borhat Borpathar under SDRF for 2017-18 (Sub-Estimate)”. The petitioner’s counsel submits that though the work was completed in the year 2019 and the Accounts Officer and Executive Engineer, Sivasagar, Water Resource Division, have made a liability statement showing that the petitioner is to receive Rs.9,38,110/- for completion of the work, no payment has been made to the petitioner till date.

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Mr. R. M. Das, learned counsel for the respondent nos. 1 to 5 submits that the work completion report has been given by the Executive Engineer, Sivsagar, Water

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Page No.# 3/3

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Resources Division and that the liability statement of the petitioner shows that he is to be paid Rs.9,38,110/-. The learned counsel further submits that payment for the contract work has to be made by the respondent no. 6.

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Mr. K. Gogoi, learned counsel for the respondent no. 6 submits that as the payment for the contract work has to be paid by the respondent no. 6, the respondent no. 6 will have to have a verification done on the petitioner’s bills separately.

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In view of the submissions made by the learned counsels for the parties, besides keeping in view the completion report and liability statement made by the Executive Engineer, Sivasagar, Water Resources Division, this Court directs the respondent no. 6 to verify the claim of the petitioner regarding completion of his contract work. If the verification shows that some contractual amounts are due to the petitioner for the contract work, the same should be paid to the petitioner by the respondents.

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The verification and the payment of the admitted amount should be made within a period of 2 (two) months, from the date of receipt of a certified copy of this order. Writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Jyoti Prasad Kalita v. the State of Assam and 5 Ors.

Case brief

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Jyoti Prasad Kalita v. the State of Assam and 5 Ors.

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