Disposed

Sofiqul Islam v. the State of Assam and 3 Ors.

Gauhati HC12 May 2024WP(C)/821/2023

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking relief for outstanding payment due to the petitioner for executed work. Relying on Tamsher Ali, the Court directed the Superintendent Engineer to examine and verify the claim within four weeks and release dues if genuine.

What did the court decide?

Direction to respondent no.4 to examine and verify the petitioner's claim within four weeks and release dues if genuine.

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

¶1

Page No.# 1/3

¶2

GAHC010009522023

¶3

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

¶4

Case No. : WP(C)/821/2023

¶5

SOFIQUL ISLAM S/O- LATE SHAKHBOR ALI, R/O- 22 COLLEGE ROAD, MOIRABARI, P.O AND P.S- MOIRABARI, VILL-MOIRABARI, DIST- MORIGAON, ASSAM

¶6

VERSUS

¶7

THE STATE OF ASSAM AND 3 ORS. REP. BY THE CHIEF ENGINEER, WATER RESOURCE DEPARTMENT CHANDMARI, GUWAHATI- 781003, ASSAM.

¶8

2:THE CHIEF ENGINEER

¶9

WATER RESOURCE DEPARTMENT CHANDMARI GUWAHATI- 781003 ASSAM.

¶10

3:THE SUPERINTENDING ENGINEER

¶11

WATER RESOURCE DEPARTMENT NAGAON

¶12

4:THE EXECUTIVE ENGINEER MORIGAON WATER RESOURCE DIVISION MORIGAON

¶13

5:THE UNION OF INDIA REPRESENTED BY THE COMMISSIONER

¶14

MINISTRY OF JAL SHAKTI DEPARTMENT OF WATER RESOURCES RIVER DEVELOPMENT AND GANGA REJUVENATION

¶15

Page No.# 2/3

¶16

NEW DELHI-110001

¶17

Advocate for the Petitioner : MR S BORTHAKUR

¶18

Advocate for the Respondent : SC, WATER RESOURCE

¶19

BEFORE

¶20

HONOURABLE MR. JUSTICE NELSON SAILO

¶21

ORDER

¶22

13.05.2024

¶23

1 . Heard Mr. P.H. Konwar, learned counsel for the petitioner and Ms. A. Lodha, learned counsel for the respondent nos.1 to 4. Mr. P.S. Bhattacharjee, learned CGC appears for the respondent no.5.

¶24

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

¶25

It is the case of the writ petitioner that he was given 3 separate work orders on 27.01.2015, 15.05.2012 and 20.02.2015. Although some amount has been released to him but the amount of outstanding liability due to him is Rs.24,05,772/-. The respondent no.2, Chief Engineer, Water Resource Department, Government of Assam has filed an affidavit-in-opposition on 01.02.2024, wherein at paragraph 11 of the said affidavit it is stated that the total value of the work executed by the petitioner is Rs.28,35,681/- and out of which an amount of Rs.4,29,909/- has been released to him. Therefore, the balance amount of Rs.24,05,772/- as claimed by the petitioner is the outstanding dues.

¶26

Page No.# 3/3

¶27

Be it stated herein that a Full Bench of this Court in Tamsher Ali vs. State of Assam & Others , reported in 2008 (4) GLT 1 has laid down certain procedure and guidelines for payment of the outstanding liability of the State Government. Therefore, considering the admission on the part of the respondent no.2 in the affidavit-in-opposition as reflected hereinabove, the writ petition is disposed of with a direction to the respondent no.4 to examine and verify the claim of the petitioner within a period of 4 (four) weeks from the date of receipt of a certified copy of this order. Upon such examination, if the claim amount is found to be genuine, the respondent authorities shall take appropriate steps in accordance with Tamsher Ali (supra) , for release of the outstanding dues of the petitioner as expeditiously as possible. The petitioner shall along with a certified copy of this order submit a copy of the writ petition before the respondent no.4 for doing the needful.

¶28

JUDGE

¶29

Comparing Assistant

Sofiqul Islam v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Sofiqul Islam v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Lalbiaksanga Vs Sh Jeffrey Zohmingthanga

Robert Hauzel Vs Union of India and 2 Ors.

Smt. Laldinsangi Pautu Vs Smt. Vanchhingpuii

Chariduar Brahmaputra and Khaloibeel Fishery Co-Operative Society Ltd. Vs the State of Assam and 6 Ors.

Jhantu Paul and 11 Ors. Vs the Bodoland Territorial Area District and 6 Ors.

Anowar Hussain Vs the Union of India and 3 Ors.