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2025 DAILYLAW 15169 (GAU)

KRISHNA KANTA BISWAS v. THE STATE OF ASSAM AND 4 ORS

WP(C)/3710/2024 · 2025-03-06

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010142272024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3710/2024 KRISHNA KANTA BISWAS S/O- BIMAL BISWAS, R/O- VILL.- MALPUTA, WARD NO. 10, P.O., P.S. AND DIST. MORIGAON, ASSAM, PIN- 782105. VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, IRRIGATION DEPARTMENT, DISPUR, GUWAHATI-781006. 2:THE CHIEF ENGINEER MINOR IRRIGATION CHANDMARI GUWAHATI-781003. 3:THE EXECUTIVE ENGINEER NAGAON DIVISION NAGAON (IRRIGATION) DIST. NAGAON ASSAM PIN- 782001. 4:THE ASSISTANT EXECUTIVE ENGINEER NAGAON SUB-DIVISION (IRRIGATION) NAGAON DIST. NAGAON ASSAM PIN- 782001. Page No.# 2/3 5:THE SUPERINTENDING ENGINEER NAGAON CIRCLE (IRRIGATION) NAGAON DIST. NAGAON ASSAM PIN- 782001 Advocate for the Petitioner : MR. M R LASKAR, MR N SARMA Advocate for the Respondent : SC, IRRIGATION, BEFORE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 07-03-2025 Heard Mr. N. Sarma, learned counsel for the petitioner. 2. By filing this petition, the petitioner has prayed for release of an amount of Rs.7,35,237/- (rupees seven lakh thirty five thousand two hundred thirty seven) only due to the petitioner for execution of work including of construction of Solar powered MDTW scheme at Guimari (Revenue village-Guimari, GP-Baglajan, Dev- Block-Raha) and Solar Powered MDTW Scheme at Dakhinpat (Rev. Village-Dakhinpat, Gp-Dakhinpat, Development Block-Pakhimora under Nagaon Division (irrigation) under SOPD for the year 2017-18. 3. The petitioner is a contractor by profession. The Executive Engineer, Nagaon issued a work order in favour of the petitioner for construction of Solar powered MDTW scheme at Guimari (Revenue village-Guimari, GP-Baglajan, Dev- Block-Raha) and Solar Powered MDTW Scheme at Dakhinpat (Rev. Village-Dakhinpat, Gp-Dakhinpat, Development Block-Pakhimora under Nagaon Division (irrigation) under SOPD for the year 2017-18. 4. The petitioner completed the work of construction of Solar powered MDTW scheme at Guimari (Revenue village-Guimari, GP-Baglajan, Dev- Block-Raha) and Solar Powered MDTW Scheme at Dakhinpat (Rev. Village-Dakhinpat, Gp-Dakhinpat, Development Page No.# 3/3 Block-Pakhimora under Nagaon Division (irrigation) under SOPD for the year 2017-18 and the same has been certified by the Superintendent Engineer, Nagaon. 5. Mr. N. Upadhyay, learned counsel for the respondents has conceded that the petitioner appears to have completed the works of Solar powered MDTW scheme at Guimari (Revenue village-Guimari, GP-Baglajan, Dev- Block-Raha) and Solar Powered MDTW Scheme at Dakhinpat (Rev. Village-Dakhinpat, Gp-Dakhinpat, Development Block- Pakhimora under Nagaon Division (irrigation) under SOPD for the year 2017-18. 6. Perusal of the documents annexed to the writ petition indicates that the writ petitioner has completed the work as per the work order issued by the respondent authorities and submitted the bill amount of Rs.7,35,237/- (rupees seven lakh thirty five thousand two hundred thirty seven), which appears to be admitted one. 7. Having considered that the claim of the petitioner is not disputed by the Department, I am of the considered view that it would be appropriate to dispose of the writ petition with a direction to the respondent authorities particularly, the respondent No.2 Chief Engineer, Chandmari to verify the claim of the petitioner and, if found admitted, the same shall be paid to the petitioner. 8. Accordingly, it is directed that the Chief Engineer, Chandmari shall verify the claim of the petitioner within a period of two months from today and if found admitted, same shall be paid to the petitioner within a period of three months thereafter. 9. With the above directions and observations, the writ petition stands disposed of. JUDGE Comparing Assistant