Disposed

Dinamani Haloi v. the State of Assam and 3 Ors.

Gauhati HC18 Feb 2024WP(C)/790/2024

Case brief

AI extract

What is this about?

Contractor sought payment of an unpaid bill for river-erosion protection work. Respondents consented subject to reverification. Following earlier directions in Nazim Hussain, the Court disposed of the writ petition directing re-verification and payment of admitted amounts within five months.

What did the court decide?

Writ petition disposed with directions to re-verify and pay the admitted bill amount per Nazim Hussain directions within five months.

Dinamani Haloi Vs the State of Assam and 3… — Contract and Commercial Disputes | Gauhati HC (2024)

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Page No.# 1/4

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GAHC010013762024

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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)/790/2024

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DINAMANI HALOI S/O- RAJENDRA NATH HALOI, R/O- VILLAGE AND P.O- BIHAMPUR, P.S- BELSOR, DIST-NALBARI, ASSAM

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REP. BY THE MINISTRY OF JAL SAKTI, DEPARTMENT OF WATER RESOURCE AND RIVER DEVELOPMENT AND GANGA REJUVENATION

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2:THE STATE OF ASSAM REP. BY THE SECRETARY TO THE GOVERNMENT OF ASSAM WATER RESOURCES DEPARTMENT DISPUR GUWAHATI-06 KAMRUP (M) ASSAM

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3:THE BRAHMAPUTRA BOARD ASSAM REP. BY ITS CHAIRMAN NH 37 BASISTHA GUWAHATI KAMRUP (M) ASSAM.

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4:THE CHIEF ENGINEER

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WATER RESOURCES DEPARTMENT GOVT OF ASSAM

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Page No.# 2/4

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CHANDMARI GUWAHATI KAMRUP (M) ASSAM 5:THE EXECUTIVE ENGINEER GUWAHATI EAST WATER RESOURCES DIVISION GUWAHATI DIST- KAMRUP ASSAM 6:THE COMMISSIONER AND SECRETRY TO THE GOVT. OF ASSAM FINANCE DEPARTMENT DISPUR GUWAHAT

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Advocate for the Petitioner : MS. S CHUTIA

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Advocate for the Respondent : DY.S.G.I.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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19.02.2024

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Heard Ms. S. Chutia, learned counsel for the petitioner, who submits that the contractual bill amounting to Rs. 1,69,664/- for the work executed by the petitioner under the scheme ‘A/E Measures to Protect Bammundi Village and its Adjoining Area from the Erosion of River Brahmaputra ’, has not been paid to the petitioner.

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The petitioner’s counsel submits that in a series of matters, the leading case being WP(C) 4734/2021 (Nazim Hussain -vs- The State of Assam and 8 others), this Court has given certain directions for payment of the admitted amounts and accordingly prays for a similar direction to be issued in this case.

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Page No.# 3/4

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Mr. C. Sharma, learned counsel for the Water Resources Department and Mr. B. Gogoi, learned counsel for the Finance Department as well as Ms. A. Gayan, learned counsel for the respondent Nos. 1 and 3 submit that they have got no objection to the prayer of the petitioner’s counsel, subject to reverification of the amount payable to the petitioner.

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I have heard the learned counsels for the parties.

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This Court, in a series of cases, the leading case being WP(C) 4734/2021 (Nazim Hussain -vs- The State of Assam and 8 others), while disposing of the similar matters, had passed the following directions, which are as follows:-

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“(1) Within 15 (fifteen) days from today, the concerned official of the State Government of Assam will communicate the supplementary budget passed in the last Assembly Session pertaining to the scheme to the competent authority of the Ministry of Jal Shakti, Government of India.

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(2) Within 60 (sixty) days from the date of receipt of such communication, the Ministry of Jal Shakti to release the amount due under the schemes to the concerned Department of the Government of Assam.

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(3) Upon receipt of the amount, bills of the writ petitioners shall be processed and cleared within a further period of 45 day”

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In view of the consent of the parties and in view of the liability statement attached to the letter No.GWWRD/C-10/Pt-III/18-19/2 dated 02.08.2023, issued by the Executive Engineer, Kamrup Rural W.R. Division, Bharalumukh, Ghy-9, this Court is of the view that this writ petition can be disposed of at the motion stage itself.

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Page No.# 4/4

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In view of there being an admission made by the respondent No. 5, the respondent No. 4 is directed to re-verify and thereafter take a decision with regard to whether the amount claimed by the petitioner is as per records. In the event, the respondent No. 4 comes to a decision that the amount claimed is an admitted amount, the direction passed in WP(C)4734/2021, which has been enumerated above, shall be complied with. The respondents shall thereafter complete the entire process, within a period of 5 (five) months from the date of receipt of a 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

Dinamani Haloi v. the State of Assam and 3 Ors.

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Dinamani Haloi v. the State of Assam and 3 Ors.

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