Allowed¶28

Ashok Kumar Agarwalla v. the State of Assam and 4 Ors.

Gauhati HC2 Mar 2025WP(C)/4710/2023

Case brief

AI extract

What is this about?

Contractor dues recovery writ; admitted/unpaid bill of Rs. 4,99,480; Water Resources Department, Govt. of Assam; Executive Engineer, Mangaldai W.R. Division; flood management programme (FMP); Bornadi L/B embankment R/S works; non-availability of funds; verify-and-pay direction; payment within four months; writ petition allowed and disposed of; Gauhati High Court; Justice Kardak Ete; order dated 03.03.2025.

What did the court decide?

Direction to the respondent authorities in the Water Resources Department to release the outstanding amount of Rs.4,99,480/- to the petitioner within four months of receipt of the copy of the order, subject to verification of the claim. ¶28

Ashok Kumar Agarwalla Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

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Page No.# 1/4

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GAHC010179432023

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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)/4710/2023

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ASHOK KUMAR AGARWALLA SON OF LATE SURAJMAL AGARWALLA RESIDENT OF 202 MAHABIR APARTMENT USHA GALI A.T.ROAD GUWAHATI DISTRICT- KAMRUP (METRO) ASSAM

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VERSUS

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THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-6 2:SECRETARY TO THE GOVT. OF ASSAM WATER RESOURCES DEPARTMENT CHANDMARI GUWAHATI-3 3:THE CHIEF ENGINEER WATER RESOURCES DEPARTMENT GOVT. OF ASSAM CHANDMARI GUWAHATI-3

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4:THE SUPERINTENDING ENGINEER WATER RESOURCES DEPARTMENT SOUTHERN ASSAM (W.R) CIRCLE CHANDMARI GUWAHATI-3 5:EXECUTIVE ENGINEER

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Page No.# 2/4

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WATER RESOURCES DEPARTMENT MANGALDAI W.R. DIVISION MANGALDAI

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-----------Advocate for : MR. D K JAIN Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 4 ORS

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BEFORE HON’BLE MR. JUSTICE KARDAK ETE

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O R D E R

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Date : 03.03.2025.

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Heard Mr. D.K. Jain, learned counsel for the petitioner. Also heard Mr. C. Sarma, learned Standing Counsel, Water Resources Department, Govt. of Assam, for the respondent Nos. 2, 3, 4 and 5 and Mr. S.R. Baruah, learned State Counsel for the respondent No.1.

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By filing this writ petition, the petitioner has prayed for direction to the respondent authorities for payment of an admitted amount of Rs.4,99,480/(Rupees four lakh ninety nine thousand four hundred eighty) only, for the works executed by the petitioner under the flood management programme.

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The case of the petitioner is that he is a contractor by profession and being the Government Registered Contractor, he executes different contract and supply works under the Executive Engineer, Water Resources Department, Mangaldoi since last two years under different schemes of the Government of Assam.

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Pursuant to the tender, the petitioner was awarded the works of R/S of

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Page No.# 3/4

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Bornadi L/B embkt from Patgirichuba to R.K. embkt (ch 0m to 20000m) under FMP, vide order dated 30.10.2015.

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Mr. D.K. Jain, learned counsel for the petitioner submits that the petitioner has executed the work as awarded by the respondent authorities. Thereafter, he submitted the bill amounting to Rs.4,99,480/- (Rupees four lakh ninety nine thousand four hundred eighty) only, which has not been paid to the petitioner, despite repeated request to the respondent authorities. He submits that the amount claimed by the petitioner is an admitted one and there is no dispute regarding execution of work. The respondents have clearly admitted the said outstanding amount, which is reflected from the statement showing the liabilities, issued by the Executive Engineer, Water Resources Department, Mangaldoi. Therefore, he prays that the respondent authorities may be directed to pay the aforesaid admitted amount to the petitioner.

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Mr. C. Sarma, learned Standing Counsel, Water Resources Department submits that the bill amount of Rs.4,99,480/- (Rupees four lakh ninety nine thousand four hundred eighty) only, as claimed by the petitioner is yet to be paid due to non-availability of fund at present.

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Referring to the affidavit in opposition filed by the respondent No.3, the Chief Engineer, Water Resources Department, Mr. Sarma, learned standing counsel submits that the authorities have assured that the pending liability would be settled immediately when the funds for the aforesaid scheme is received from the Central Government, as the same is being actively persued by taking all necessary steps for release of the fund.

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Having considered the submissions of learned counsel for the parties and

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Page No.# 4/4

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also considering that the petitioner has executed the aforesaid works and has submitted the bill as per the work orders for an amount of Rs.4,99,480/(Rupees four lakh ninety nine thousand four hundred eighty) only, I deem it appropriate to dispose of the writ petition with a direction to the respondents to verify and if found admitted, the same be paid to the petitioner.

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Accordingly, it is directed that the respondent authorities in the Water Resources Department shall release the aforesaid outstanding amount of Rs.4,99,480/- (Rupees four lakh ninety nine thousand four hundred eighty) only, to the petitioner within a period of four (4) months from the date of receipt of the copy of this order.

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The writ petition stands allowed and disposed of.

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JUDGE

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Comparing Assistant

Ashok Kumar Agarwalla v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar Agarwalla v. the State of Assam and 4 Ors.

Case brief

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What did the court decide?

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What the court decided

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