M/S Ad Agency Vs the State of Assam and 3 Ors.

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Page No.# 1/3

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GAHC010036532024

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2025:GAU-AS:5367

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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)/1031/2024

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M/S AD AGENCY

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PROPRIETOR- SRI MANOJ KUMAR JAIN, AGED ABOUT 58 YEARS, S/OLATE PARAJMALL JAIN, RESIDENT OF L.L. TOWER, 3RD FLOOR, TARUN NAGAR, ABC, MAIN ROAD, GUWAHATI, KAMRUP (M), ASSAM, PIN- 781005

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, PUBLIC HEALTH DEPARTMENT, DISPUR, GUWAHATI-6, DISTRICT- KAMRUP (M), ASSAM

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2:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEER DEPARTMENT HENGRABARI, DISPUR GUWAHATI- 6 DISTRICT- KAMRUP (M) ASSAM

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3:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI- 21, DISTRICT- KAMRUP (M), ASSAM

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4:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT GUWAHATI DIVISION NO.I GUWAHATI-21, DISTRICT- KAMRUP (M), ASSAM

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5:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, FINANCE DEPARTMENT, ASSAM.

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Advocate for the Petitioner : MR. P TALUKDAR, MS D ANGANA

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Advocate for the Respondent : SC, P H E,

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BEFORE

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HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 02.05.2025

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Heard Ms. D. Angana, learned counsel for the petitioner. Also heard Mr. R. R. Gogoi, learned counsel for the PHE Department.

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2. The petitioner has prayed for payment of his contractual dues amounting to Rs.3,83,889/- pertaining to the work orders, which are as follows:-

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“i. Office Order No. EE/PHE/GHY/TB-480(1)/14-15/4858 dated 29/08/2014,

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ii. Office Order No. EE/PHE/GHY/TB-304(V)/14-15/6350 dated 20/10/2014,

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iii. Office Order No. EE/PHE/GHY/WS-663/13-14/7335 dated 25/11/2014,

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iv. Office Order No. EE/PHE/GHY/TB-481(V)/15-16/4788 dated 30/10/2015,

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v. Office Order No. EE/PHE/GHY/WS-431/15-16/10267 dated 04/03/2016,

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vi. Office Order No. EE/PHE/GHY/TB-481(V)/16-17/4130 dated 20/02/2017, and

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vii. Office Order No. EE/PHE/GHY/WS-365/16-17/4126 dated 20/02/2017”.

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3. Mr. R. R. Gogoi, learned Standing Counsel, PHE Department submits that as per the para-wise comments given to him, vide forwarding letter dated 18.01.2025, issued by the Executive Engineer (PHE), Guwahati Division No. 1, the pending liability of the petitioner amounts to Rs. 3,23,329/-.

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4. On the oral prayer made by the petitioner’s counsel, the Commissioner and Secretary to the Government of Assam, Finance Department is impleaded as respondent No. 5. The petitioner’s counsel shall submit a corrected copy of the cause title to the Registry within 3 days.

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5. Issue notice to the respondent No. 5. Mr. M. Bhuyan, learned counsel, appearing on behalf of Mr. B. Gogoi, learned counsel accepts notice for the Finance Department. Extra copies of the writ petition be provided to Mr. M. Bhuyan during the course of the day.

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6. I have heard the learned counsels for the parties.

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7. The para-wise comments and the forwarding letter dated 18.01.2025 issued by the Executive Engineer (PHE), Guwahati Division No. 1 are made a part of the record and marked as Annexure- X collectively.

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8. As the claim of the petitioner is admitted by the respondents to the extent of Rs.3,23,329/-, in terms of the forwarding letter dated 18.01.2025, issued by the Executive Engineer (PHE), Guwahati Division No. 1, the claim of the petitioner be reverified by the Chief Engineer, PHE, in terms of the decision of the Full Bench of this Court in the case of Tamsher Ali and Etc. Etc Vs. State of Assam and Ors , reported in 2008 (4) GLT 1. Thereafter, the admitted amount should be paid to the petitioner. The entire exercise should be concluded within a period of four months from the date of receipt of a copy of this order.

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9. The writ petition is accordingly disposed of.

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JUDGE

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M/S Ad Agency v. the State of Assam and 3 Ors.

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