Disposed

Nishi Kanta Bhattacharjee v. the State of Assam and 3 Ors.

Gauhati HC16 Feb 2024WP(C)/769/2024

Case brief

AI extract

What is this about?

Petitioner sought payment for a completed PWD contract work. With consent of parties, the court directed respondent Nos. 2 and 3 to verify the completion certificate and letter admitting Rs.4,63,339 as value of work done and pay outstanding dues if found payable, within three months.

What the court decided

AI extract

Nishi Kanta Bhattacharjee Vs the State of… — Contract and Commercial Disputes | Gauhati HC (2024)

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Page No.# 1/3

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GAHC010006092024

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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)/769/2024

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NISHI KANTA BHATTACHARJEE S/O LT. MOHESH CHANDRA BHATTACHARJEE, R/O SUBASH NAGAR,

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KARIMGANJ, P.O.AND P.S. KARIMGANJ DISTRICT- KARIMGANJ, ASSAM, PIN-788710

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VERSUS

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THE STATE OF ASSAM AND 3 ORS

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REP. BY THE COMMISSIONER AND SPECIAL SECRETARY TO THE GOVT. OF ASSAM

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PUBLIC WORKS (ROADS) DEPARTMENT, DISPUR, GUWAHATI, PIN-781005

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2:CHIEF ENGINEER

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PUBLIC WORKS (ROADS) DEPARTMENT CHANDMARI GUWAHATI PIN-781003.

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3:EXECUTIVE ENGINEER

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PUBLIC WORKS (ROADS) DEPARTMENT KARIMGANJ NORTH KARIMGANJ SOUTH AND BADARPUR TERRITORIAL ROAD DIVISION

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SUBHASH NAGAR

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KARIMGANJ PIN-788710

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4:ASSISTANT EXECUTIVE ENGINEER

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Page No.# 2/3

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PUBLIC WORKS (ROADS) DEPARTMENT KARIMGANJ NORTH TERRITORIAL ROAD DIVISION

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SUBHASH NAGAR KARIMGANJ PIN-78871

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Advocate for the Petitioner : MR. S P CHOUDHURY

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Advocate for the Respondent : SC, PWD

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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17.02.2024

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Heard Mr. S.J. Sarkar, learned counsel for the petitioner, who submits that the petitioner had completed the contract work, namely “Improvement and Renovation of Executive Engineer’s P.W.D (R.R) Residence at Subhash Nagar, Karimganj Under the Deposit Fund for the Year 2017-18”, on the basis of work order dated 17.02.2018 issued by the respondent No. 3.

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The petitioner completed the above stipulated work and completion certificate dated 20.04.2018 has been issued by the Junior Engineer. Though the Letter dated 06.12.2021 issued by the Assistant Executive Engineer, PWD (Roads) Department, Karimganj North, Territorial Road Division (respondent No.4) shows that the respondent No. 4 had admitted that the net value of the work done is Rs.4,63,339/-, the respondent No.3 has not taken any action on the above completion certificate and the Letter dated 06.12.2021. He submits that the respondents should be directed to pay the said admitted amount.

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Mr. B. Gogoi, learned counsel for the respondents submits that the completion certificate issued by the Junior Engineer on 20.04.2018 and the respondent No. 4’s letter dated 06.12.2021 having shown that the work of the petitioner had been completed at a cost of Rs.4,63,339/-, the same has to be verified and approved by the respondent Nos. 2 and 3. He submits that after verification of the same by the respondent Nos. 2 and 3, the admitted amount can be paid to the petitioner.

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In view of the consent of the parties, the respondent Nos. 2 and 3 are directed to verify the claim of the petitioner, vis-à-vis the completion certificate issued by the Junior Engineer on 20.04.2018 and the Letter dated 06.12.2021 issued by the respondent No. 4. In the event it is found that the petitioner is to be paid some outstanding dues, the admitted amount should be paid to him. The entire exercise should be completed within 3(three) months from the date of receipt of a certified copy of this order along with a copy of the writ petition.

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The writ petition is accordingly disposed of.

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JUDGE

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Comparing Assistant

Nishi Kanta Bhattacharjee v. the State of Assam and 3 Ors.

Case brief

What is this about?

What the court decided

Nishi Kanta Bhattacharjee v. the State of Assam and 3 Ors.

Case brief

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