Debajyoti Das Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

Debajyoti Das Vs the State of Assam and 4 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to Respondent No. 5 to consider and dispose of the petitioner's representation dated 25.07.2023 within one month of receipt of a certified copy of the Order, and to refund the Forest Royalty within two weeks thereafter if the petitioner is found entitled.

Issue for consideration

Whether a direction should be issued to Respondent No. 5 to consider and dispose of the petitioner's representation dated 25.07.2023 seeking refund of the Forest Royalty deducted from his bills, and to refund the amount if the petitioner is found entitled.

Ratio / Principle

The writ petition is disposed of directing Respondent No. 5 to consider the petitioner's representation dated 25.07.2023 and dispose of the same within one month from the date of receipt of a certified copy of the Court's Order.

Key takeaways

If, while disposing of the representation, the petitioner is found entitled to refund of the Forest Royalty as claimed, the same shall be refunded within two weeks thereafter.ratio¶30

Detailed headnote1 paragraphs

Gauhati High Court, WP(C)/4808/2023, order dated 13.03.2025 (Lanusungkum Jamir, J.) — Jal Jeevan Mission contractor: Forest Royalty deduction referred back. The petitioner, allotted works under the Dibrugarh PHE Division (original work order 01.06.2021; revised work order 12.01.2023 for retrofitting of MOTTOK KOIBARTA PWSS worth Rs. 51.84 Lakhs), completed and handed over the work, upon which Respondent No. 5 deducted Rs. 87,615/- towards Forest Royalty from his final bill. Relying on Trinayan Associates (M/S) & Anr. v. State of Assam, (2017) 2 GLT 859, and State of Assam v. Muslim Ali (Md.), (2013) 2 GLT 945, counsel contended such deduction is impermissible absent an agreement clause under the Assam Minor Minerals Rules, 2013; the petitioner's representation of 25.07.2023 was pending. The Standing Counsel, PHE, raised no objection. The Court disposed of the petition directing Respondent No. 5 to consider and dispose of the representation within one month of receiving a certified copy of the order, and, if entitlement is found, to refund the Forest Royalty within two weeks thereafter.

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GAHC010183032023

2025:GAU-AS:2663

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

Case No. : WP(C)/4808/2023

DEBAJYOTI DAS

SON OF - DHRUBAJYOTI DAS, RESIDENT OF- WARD NO.3, DHEMAJI, RAILWAY STATION ROAD, DIST.- DHEMAJI, ASSAM, PIN- 787057

VERSUS

THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC HEALTH ENGINEERING DEPARTMENT, DISPUR, GUWAHATI-06

2:THE MISSION DIRECTOR JAL JEEVAN MISSION ASSAM PUBLIC HEALTH ENGINEERING DEPARTMENT HENGRABARI GUWAHATI-36

3:THE CHIEF ENGINEER (PHE) WATER ASSAM CUM ADDL. MISSIO DIRECTOR JAL JEEVAN MISSION ASSAM HENGRABARI GUWAHATI-36

4:THE SUPERINTENDING ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT DIBRUGARH CIRCLE DIBRUGARH ASSAM

5:THE EXECUTIVE ENGINEER CUM DISTRICT MISSION DIRECTOR JAL JEEVAN MISSION DIBRUGARH DIVISION

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DIBRUGARH ASSAM

Advocate for the Petitioner : MR. R DE, MS R SAHIN,MS M KAKOTY,MR. P K SARMA,MS. B BHUYAN

Advocate for the Respondent : SC, P H E,

BEFORE HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR

ORDER

Date : 13.03.2025

Heard Mr. R. De, learned counsel for the petitioner as well as Mr. I. Borthakur, learned Standing Counsel, PHE Department, appearing on behalf of all the respondents.

2. Pursuant to a Tender Notice, the petitioner was allotted a work order on 01.06.2021 for implementation of different pipe schemes under the Dibrugarh, PHE Division for retrofitting under the programme Jal Jeevan Mission, Assam. Thereafter, certain additional works were required to be undertaken in addition to the original works and accordingly, the petitioner was again issued a revised work order on 12.01.2023 for retrofitting of MOTTOK KOIBARTA PWSS for implementation of Jal Jeevan Mission, Assam during the year 2020-21 under the Dibrugarh (PHE) Division for an amount of Rs. 51.84 Lakhs by the Superintending Engineer (PHE), Dibrugarh, Assam. The petitioner accordingly completed the work on 13.03.2023 and handed over the same on 25.05.2023. Thereafter, while making the final payment to the petitioner the Executive Engineer, PHE/ Respondent No. 5 deducted an amount of Rs. 87,615/- against Forest Royalty from the total bill of the petitioner. Being aggrieved, the

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petitioner made a representation before the respondent No. 5 on 25.07.2023 praying for refund of the Forest Royalty, which was deducted from the gross amount of the petitioner’s bill in respect of the work done by him.

3. Learned counsel for the petitioner submits that in terms of the Judgment passed in the case of Trinayan Associates (M/S) & Anr. Vs. State of Assam reported in 2017 2 GLT 859 as well as in the case of State of Assam and Ors. Vs. Muslim Ali (Md.) reported in 2013 2 GLT 945, the PHE department cannot deduct Forest Royalty under the Assam Minor Minerals Rules, 2013, unless there is a clause to that effect in the agreement executed between the petitioner and the PHE department. The petitioner accordingly made a representation before the respondent No. 5 on 25.07.2023, praying for refund of the Forest Royalty which was deducted @ 2% from the gross amount of the petitioner’s bill.

4. Learned counsel for the petitioner also submits that the representation made by the petitioner on 25.07.2023 is also yet to be considered by the respondent No. 5. He, therefore submits that a direction be issued to the respondent No. 5 to consider the representation dated 25.07.2023 made by the petitioner and dispose of the same within a specified period of time with a further direction that if the petitioner is entitled to the refund the same be made at the earliest.

5. Mr. I. Borthakur, learned Standing Counsel, PHE Department, has no objection to the prayer made by the petitioner.

6. Accordingly, this writ petition is disposed of directing the respondent No. 5 to consider the representation dated 25.07.2023 made by the petitioner and thereafter, dispose of the same within a period of 1 (one) month from the date of receipt of a certified copy of this Court’s Order. While disposing of the

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representation made by the petitioner, if the petitioner is found entitled to the refund of the Forest Royalty as claimed by him, the same shall be refunded within a period of 2 (two) weeks, thereafter.

7. With the aforesaid observations and directions, this writ petition is disposed of.

JUDGE

Comparing Assistant