Disposed

Mahirul Islam v. the State of Assam and 4 Ors.

Gauhati HC3 Jun 2025WP(C)/2033/2017

Case brief

AI extract

What is this about?

This order disposed of seven connected writ petitions concerning non-payment of contractual dues by ASTC. The Court, noting the respondents' undertaking to verify and pay admitted amounts, directed immediate verification and payment within five months under the ratio of Tamsher Ali.

What did the court decide?

Direction to respondent No. 3 to verify claims and pay admitted amounts within five months of receiving certified copy of this order.

Mahirul Islam Vs the State of Assam and 4… — Contract and Commercial Disputes | Gauhati HC (2025)

Page No.# 1/12

GAHC010234862017

2025:GAU-AS:7232

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

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Case No. : WP(C)/2197/2017

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MILAN DUTTA

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S/O. LT. BHOGESWAR DUTTA, R/O. UJAN BAZAR NEAR RAJBHAWAN, P.O. and P.S.- LATASIL, DIST. KAMRUPM, ASSAM, PIN-781001.

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VERSUS

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THE STATE OF ASSAM and 4 ORS. REPRESENTED BY THE COMMISSIONER and SECRETARY, TRANSPORT DEPTT., GOVT. OF ASSAM, DISPUR, GUWAHATI-781006, KAMRUPM, ASSAM.

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2:THE COMMISSIONER and SECRETARY

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FINANCE DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-781006 KAMRUPM ASSAM.

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3:THE ASSAM STATE TRANSPORT CORPORATION ASTC

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REPRESENTED BY ITS MANAGING DIRECTOR PALTANBAZAR GUWAHATI-781008 KAMRUPM ASSAM.

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4:THE CHIEF ENGINEER C

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ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR

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Page No.# 2/12

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GUWAHATI-781008 KAMRUPM ASSAM.

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5:THE ASSTT. EXECUTIVE ENGINEER ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR GUWAHATI-781008 KAMRUPM ASSAM

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Advocate for the Petitioner : MR.M J GOGOI, MR. K ISLAM,MR A RASHID,MR M CHETIA,MR T H HAZARIKA,MR.A K DAS,MR. B SARMA,MR.B SINHA,MR. N ALAM,MR. S U AHMED

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Advocate for the Respondent : SC, FINANCE, MS. M D BORAH, SC, TRANSPORT DEPARTMENT,MS.U BARUAH(SC, ASTC.),GA, ASSAM

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Linked Case : WP(C)/2196/2017

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SIBA DAIMARY S/O. PATI RAM DAIMARY R/O. KHOIRABARI P.O. and P.S. KHOIRABARI DIST. UDALGURI ASSAM PIN-784522.

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VERSUS

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THE STATE OF ASSAM and 4 ORS. REP. BY THE COMM. and SECY. TRANSPORT DEPTT. GOVT. OF ASSAM DISPUR GHY.-781006 KAMRUP M ASSAM.

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2:THE COMMISSIONER and SECY.

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Page No.# 3/12

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FINANCE DEPTT. GOVT. OF ASSAM DISPUR GHY.-781006 KAMRUP M ASSAM.

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3:THE ASSAM STATE TRANSPORT CORPN. ASTC

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REP. BY ITS MANAGING DIRECTOR PALTANBAZAR GHY.-781008 KAMRUP M ASSAM. 4:THE CHIEF ENGINEER C ASSAM STATE TRANSPORT CORPN. PALTANBAZAR GHY.-781008 KAMRUP M ASSAM. 5:THE ASSTT. EXECUTIVE ENGINEER ASSAM STATE TRANSPORT CORPN. PALTANBAZAR GHY.-781008 KAMRUP M ASSAM. -----------Advocate for : MR.B SINHA Advocate for : SC FINANCE appearing for THE STATE OF ASSAM and 4 ORS.

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Linked Case : WP(C)/2103/2017

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AFJAL ALI S/O LT. AMTAJ ALI AGED ABOUT- 50 YEARS R/O WARD NO. 2 P.S. and P.S. MANGALDAI DIST. DARRANG ASSAM PIN - 784125 VERSUS

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Page No.# 4/12

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THE STATE OF ASSAM and 4 ORS. REP. BY THE COMMISSIONER AND SECRETARY TRANSPORT DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI - 781006 KAMRUP M ASSAM 2:THE COMMISIONER and SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI- 781006 KAMRUP M ASSAM 3:THE ASSAM STATE TRANSPORT CORPORATION ASTC REP. BY ITS MANAGING DIRECTOR PALTAN BAZAR GUWAHATI - 781008 KAMRUP M ASSAM 4:THE CHIEF ENGINEER C ASSAM STATE TRANSPORT CORPORATION PALTAN BAZAR GUWAHATI - 781008 KAMRUP M ASSAM 5:THE ASSISTANT EXECUTIVE ENGINEER ASSAM STATE TRANSPORT CORPORATION PALTAN BAZAR GUWAHATI - 781008 KAMRUP M ASSAM. -----------Advocate for : MR.A K DAS Advocate for : MS. M D BORAH SC TRANSPORT DEPARTMENT appearing for THE STATE OF ASSAM and 4 ORS.

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Page No.# 5/12

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Linked Case : WP(C)/2052/2017

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DHANANJOY TALUKDAR S/O. KISHAD TALUKDAR R/O. SARUPETA P.S. PATACHARKUCHI DIST. BARPETA ASSAM PIN-781318. VERSUS THE STATE OF ASSAM and 4 ORS. REPRESENTED BY THE COMMISSIONER and SECRETARY TRANSPORT DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-781006 KAMRUPM ASSAM. 2:THE COMMISSIONER and SECRETARY FINANCE DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-781006 KAMRUPM ASSAM.

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3:THE ASSAM STATE TRANSPORT CORPORATION ASTC

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REPRESENTED BY ITS MANAGING DIRECTOR PALTANBAZAR GUWAHATI-781008 KAMRUPM ASSAM. 4:THE CHIEF ENGINEER C ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR GUWAHATI-781008 KAMRUPM ASSAM.

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5:THE ASSTT. EXECUTIVE ENGINEER

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ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR GUWAHATI-781008 KAMRUPM ASSAM. -----------Advocate for : MR.M J GOGOI Advocate for : GA ASSAM appearing for THE STATE OF ASSAM and 4 ORS.

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Linked Case : WP(C)/2049/2017 ATIKUL HAQUE S/O. LT. YASIN ALI R/O. VILL. GANDHI NAGAR P.O. and P.S. BARPETA DIST. BARPETA ASSAM. PIN-781301. VERSUS THE STATE OF ASSAM and 4 ORS. REPRESENTED BY THE COMMISSIONER and SECRETARY TRANSPORT DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-781006 KAMRUPM ASSAM. 2:THE COMMISSIONER and SECRETARY FINANCE DEPTT. GOVT. OF ASSAM DISPUR GUWAHATI-781006 KAMRUPM ASSAM.

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3:THE ASSAM STATE TRANSPORT CORPORATION ASTC

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REPRESENTED BY ITS MANAGING DIRECTOR

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Page No.# 7/12

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PALTANBAZAR GUWAHATI-781008 KAMRUPM ASSAM.

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4:THE CHIEF ENGINEER C

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ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR GUWAHATI-781008 KAMRUPM ASSAM. 5:THE ASSTT. EXECUTIVE ENGINEER ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR GUWAHATI-781008 KAMRUPM ASSAM. -----------Advocate for : MR.B SINHA Advocate for : MS. M D BORA SC TRANSPORT DEPARTMENT appearing for THE STATE OF ASSAM and 4 ORS.

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Linked Case : WP(C)/1680/2017

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KANDARPA BARUAH S/O. LT. HAREN BARUAH R/O. BAZARAPARA P.O. and P.S. PALASBARI DIST. KAMRUPR ASSAM PIN-781128. VERSUS

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THE STATE OF ASSAM and 5 ORS. REP. BY THE COMMISSIONER and SECRETARY TRANSPORT DEPTT. GOVT. OF ASSAM DISPUR GHY.-781006 KAMRUPM

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Page No.# 8/12

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ASSAM.

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2:THE COMMISSIONER and SECRETARY

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FINANCE DEPTT. GOVT. OF ASSAM DISPUR GHY.-781006 KAMRUPM ASSAM.

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3:THE ASSAM STATE TRANSPORT CORPORATION ASTC

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REP. BY ITS MANAGING DIRECTOR PALTANBAZAR GUWAHATI-781008 KAMRUPM ASSAM. 4:THE CHIEF ENGINEER C ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR GHY.-781008 KAMRUPM ASSAM. 5:THE ASSTT. EXECUTIVE ENGINEER ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR GHY.-781008 KAMRUPM ASSAM. 6:THE STATION-IN-CHARGE ASSAM STATE TRANSPORT CORPORATION MIRZA GUWAHATI-781125 KAMRUPM ASSAM. -----------Advocate for : xx Advocate for : SC FINANCE appearing for THE STATE OF ASSAM and 5 ORS.

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Linked Case : WP(C)/2033/2017

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MAHIRUL ISLAM SON OF TUNO ALI RESIDENT OF DEKARBARI PO AMGURI P.S. SORBHOG DIST. BARPETA ASSAM PIN-781317 VERSUS THE STATE OF ASSAM and 4 ORS. REPRESENTED BY THE COMMISSIONER and SECRETARY TRANSPORT DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-781006 KAMRUP M ASSAM 2:THE COMMISSIONER and SECRETARY FINANCE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-781006 KAMRUP M ASSAM 3:THE ASSAM STATE TRANSPORT CORPORATION ASTC REPRESENTED BY ITS MANAGING DIRECTOR PALTANBAZAR GUWAHATI-781008 KAMRUPM ASSAM 4:THE CHIEF ENGINEERING C ASSAM STATE TRANSPORT CORPORATION KAMRUPM ASSAM 5:THE ASSISTANT EXECUTIVE ENGINEER ASSAM STATE TRANSPORT CORPORATION PALTANBAZAR

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Page No.# 10/12

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GUWAHATI-781008 KAMRUP M ASSAM

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-----------Advocate for : MR. B SARMA Advocate for : GA ASSAM appearing for THE STATE OF ASSAM and 4 ORS.

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BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

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ORDER

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Date : 04-06-2025

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Heard Mr. TH Hazarika, learned counsel for the petitioners in WP(C) No. 2197/2017 and WP(C) No. 2049/2017. No one appears for the petitioners in the other connected writ petitions. Also heard Ms. R Deka, learned counsel for the ASTC; Ms. MD Borah, learned counsel for the respondent No. 1 as well as Mr. M Bhuyan, learned counsel appearing on behalf of Mr. B Gogoi, learned counsel for the Finance Department.

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2. The grievance of all the writ petitions relates to non-payment of their contractual dues due to diversion of funds, which were originally sanctioned by the Government under the head “Construction of Civil Works for Improvement of 15 numbers of Station Building of ASTC Stations”. The affidavit of the respondent Nos. 3, 4 & 5 is to the effect that due to unavoidable circumstances, the planned funds sanctioned for undertaking the civil works have been utilized by the Corporation for disbursement of salaries of the employees of the Corporation.

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3. It has also been stated in the affidavit of the respondent Nos. 3, 4 & 5 that

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Page No.# 11/12

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the Corporation is concerned about the delay in payment of the bills of the petitioners and the matter has been taken up with the highest authorities in the State Government, for immediate release of the amounts claimed by the petitioners.

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4. The counsels for the respondents submit that though there is no denial with regard to the fact that the petitioners are to be paid their contractual dues, the exact amount payable to each of them would have to be re-verified. Thereafter, the admitted amount would be paid to the petitioners.

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

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6. All the 7 (seven) writ petitions have been filed in the year 2017 for nonpayment of their contractual dues. The dues that has been claimed by the various writ petitioners in various writ petitions are as follows:-

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WP(C)2197/2017	Rs. 94,87,012/-
WP(C)1680/2017	Rs. 22,00,917/-
WP(C)2033/2017	Rs. 42,65,000/-
WP(C)2049/2017	Rs. 23,79,334/-
WP(C)2052/2017	Rs. 74,24,999/-
WP(C)2103/2017	Rs. 26,55,000/-
WP(C)2196/2017	Rs. 26,55,520/-

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7. In view of the stand taken by the respondents that they will pay the admitted dues of the petitioners, this Court is of the view that in terms of the judgment of the Full Bench of this Court in the case of Tamsher Ali & Ors. Vs.

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State of Assam & Ors., reported in 2008 (4) GLT 1 , verification should be conducted by the respondent No. 3 with regard to the claims of the petitioners

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and the admitted amount should be paid to the petitioners immediately thereafter. The entire exercise, from the time of verification till payment of the admitted amount of the petitioners should be carried out, within a period of 5 (five) months from the date of receipt of a certified copy of this order.

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8. The writ petitions are disposed of accordingly.

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JUDGE

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Comparing Assistant

Mahirul Islam v. the State of Assam and 4 Ors.

Case brief

What is this about?

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Mahirul Islam v. the State of Assam and 4 Ors.

Case brief

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