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2025 DAILYLAW 11703 (GAU)

UTTAM KUMAR SAHA v. THE STATE OF ASSAM AND 4 ORS

Review.Pet./198/2024 · 2025-02-04

Suman Shyam

Review Petitionbody2025

Judgment text

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Page No.# 1/3 GAHC010092142024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Review.Pet./198/2024 UTTAM KUMAR SAHA (PROPRIETOR) M/S. UDESHNA CONSTRUCTION, SON OF LATE MAHENDRA MOHAN SAHA, RESIDENT OF- WARD NO. 7, P.O. DHUBRI, DIST.- DHUBRI (ASSAM), PIN- 783301. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, PUBLIC WORKS DEPARTMENT (ROADS), DISPUR, GUWAHATI-06. 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT DISPUR GUWAHATI-06. 3:THE DEPUTY COMMISSIONER MORIGAON DIST. MORIGAON PIN- 782105. 4:THE CHIEF ENGINEER PWD(ROADS) CHANDMARI GUWAHATI-03. 5:THE EXECUTIVE ENGINEER PWD (R) Page No.# 2/3 MORIGAON RURAL ROAD DIVISION MORIGAON PIN- 782105 Advocate for the Petitioner : MR. B RAHMAN, MR. A K PURKAYASTHA Advocate for the Respondent : GA, ASSAM, SC, REVENUE,SC, PWD BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER 05.02.2025 (Vijay Bishnoi, CJ) This Review Petition has been preferred on behalf of the appellant/ writ petitioner seeking review of the order dated 19.04.2024 passed in Writ Appeal No.193/2023. This Court vide order dated 19.04.2024 had taken note of the statement made on behalf of the learned Standing Counsel for Revenue & Disaster Management that the unpaid amount of Rs.39,46,179/- has already been paid to the appellant. The counsel appearing for the appellant in the Writ Appeal had not disputed the said fact and taking into consideration the said fact the Writ Appeal was closed. It is noticed that the writ petition filed by the appellant on the ground that the same is not maintainable as it pertains to a contractual matter. While disposing of the Writ Appeal, this Court had not gone into the merits of the case. Be that as it may, we do not find any case for review of the order dated 19.04.2024. However, the review petitioner is at liberty to avail appropriate remedy available to him under the law, if so advised, for claiming interest on Page No.# 3/3 the delayed payment. JUDGE CHIEF JUSTICE Comparing Assistant