Dismissed

The State of Assam and 3 Ors. v. M/S R K Wire Netting Industries

Gauhati HC4 Mar 2025Review.Pet./202/2024

Case brief

AI extract

What is this about?

The Water Resources Department of Assam sought review of a common writ order directing release of scheme funds by the Ministry of Jal Shakti and clearing of pending bills. The court found no good ground for review, noting the Ministry had been represented at the hearing and had not itself sought review. The review petition was dismissed.

What the court decided

AI extract

The State of Assam and 3 Ors. Vs M/S R K… — Contract and Commercial Disputes | Gauhati HC (2025)

Page No.# 1/4

GAHC010217272024

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

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Case No. : Review.Pet./202/2024

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, WATER RESOURCES DEPARTMENT GUWAHATI-06 ASSAM

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2: THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT GOVT. OF ASSAM CHANDMARI GUWAHATI-3

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3: THE SUPERINTENDING ENGINEER (W.R.) DEPARTMENT BHARALUMUKH GUWAHATI-9

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4: EXECUTIVE ENGINEER WATER RESOURCES DEPARTMENT GUWAHATI EAST W.R. DIVISION GUWAHATI-

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VERSUS

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M/S R K WIRE NETTING INDUSTRIES

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REPRESENTED BY RAMEN DAS SON OF LATE KALI RAM DAS RESIDENT OF BYE LANE NO. 2 KEDAR ROAD PS BHARALUMUKHK DIST KAMRUPM ASSAM

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Advocate for the Petitioner : MR R M DAS, SC, WATER RESOURCE

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Advocate for the Respondent : ,

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Page No.# 2/4

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BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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05.03.2025

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Heard Ms. D. Jain, learned counsel appearing for the review petitioner.

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The Department of Water Resources, State of Assam, has preferred this Review

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Petition seeking review/recall of the common order dated 27/09/2022 passed by this Court in WP(C) No. 5421/2021 and the batch of connected writ petitions including WP(C) No.7237/2021, wherein, this Court after hearing the learned counsel for the

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parties, had passed the following directions :-

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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 days. In view of the directions issued herein above, the respondents to complete the entire process within a period of four months from today. A copy of this order be furnished to Mr. B. Goswami, learned Addl. Advocate General, Assam and Mr. R. K. Dev Choudhury, learned DSGI. The written instructions dated 26.09.2022 be kept as a part of the record of this case.

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All these writ petitions stand disposed of accordingly.”

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Page No.# 3/4

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By referring to the order dated 27/09/2022, Ms. Jain has argued that the review petition arises out of the common order dated 27/09/2022 passed in the connected writ petitions wherein, the Ministry of Jal Shakti was not made a party.

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Contending that the pending bills could not be cleared by the State of Assam due to non- receipt of the share of contribution coming from the Ministry of Jal Shakti, Union of India, Ms. Jain submits that these writ petitions are required to be heard afresh after serving notice upon the Ministry of Jal Shakti. Ms. Jain has, however, candidly submitted that the order dated 27/09/2022 passed by this Court even in respect of those writ petitions where the Ministry of Jal Shakti was impleaded as party, has not been complied with till today.

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Be that as it may, this Court finds that by the order dated 27/09/2022 direction was also issued to the Ministry of Jal Shakti to release the amount due under the scheme. The Ministry of Jal Shakti was duly represented by Mr. R.K. Dev Choudhury, learned Deputy Solicitor General of India but no objection was raised by the learned counsel for the respondents on the ground of non-joinder of necessary party. Moreover, the said Ministry has also not sought any review of the order.

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It was for the petitioners to implead the Ministry of Jal Shakti and if they had failed to do so resulting in a situation where the order dated 27/09/2022 cannot be implemented on technical grounds, even then, it would be for the writ petitioners to face the consequences. The same cannot, however, be a ground for this Court to review/ recall the order dated 27/09/2022, which was passed by this Court after hearing the learned counsel for the parties including the Deputy Solicitor General of India representing the Ministry of Jal Shakti in the Union of India as well as the Brahmaputra Board.

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For the reasons stated herein above, this Court does not find any good ground to

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Page No.# 4/4

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review the order dated 27/09/2022. Consequently, the Review Petition is held to be

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devoid of any merit. The same is accordingly, dismissed.

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JUDGE

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Comparing Assistant

The State of Assam and 3 Ors. v. M/S R K Wire Netting Industries

Case brief

What is this about?

What the court decided

The State of Assam and 3 Ors. v. M/S R K Wire Netting Industries

Case brief

What is this about?

What the court decided

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