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2025 DAILYLAW 15621 (GAU)

KRISHNA KANTA BISWAS v. THE STATE OF ASSAM AND 5 ORS

WP(C)/3818/2024 · 2025-03-06

Kardak Ete

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010149842024 2025:GAU-AS:2444 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3818/2024 KRISHNA KANTA BISWAS S/O- BIMAL BISWAS, RESIDENT OF VILLAGE- MALPUTA, WARD NO. 10, P.O. AND P.S. MORIGAON, DISTRICT- MORIGAON, ASSAM, PIN- 782105 VERSUS THE STATE OF ASSAM AND 5 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 MORIGAON-LAHARIGHAT-JAGIROAD DIVISION (IRRIGATION) JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410 4:THE ASSISTANT EXECUTIVE ENGINEER JAGIROAD SUB-DIVISION (IRRIGATION) BOHA JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410 5:THE ASSISTANT EXECUTIVE ENGINEER MAYONG SUB-DIVISION (IRRIGATION) BOHA Page No.# 2/3 JAGIROAD DISTRICT- MORIGAON ASSAM PIN- 782410 6:THE SUPERINTENDING ENGINEER NAGAON CIRCLE (IRRIGATION) NAGAON DISTRICT- NAGAON ASSAM PIN- 78200 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.8,47.029/- due to the petitioner for execution work including construction of Solar Powered Bihita MDTW I/Scheme (1pt) unde Morigaon Division (Irrigation) under SOPD for the year 2017-18. 3. The petitioner is a contractor by profession. The Executive Engineer, Morigaon, Lahorighat, Jagiroad issued work order in favour of the petitioner for execution work including construction of Solar Powered Bihita MDTW I/Scheme (1pt) under Morigaon Division (Irrigation) under SOPD for the year 2017-18. 4. The petitioner completed the work for execution work including construction of Solar Powered Bihita MDTW I/Scheme (1pt) unde Morigaon 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 for execution work including construction of Solar Powered Bihita MDTW I/Scheme (1pt) under Morigaon Division (Irrigation) under SOPD for the year 2017-18 Page No.# 3/3 6. Perusal of the documents annexed to the writ petition indicates that the writ petitioner has completed the work of construction of Solar Powered Bihita MDTW I/Scheme (1pt) under Morigaon Division (Irrigation) under SOPD for the year 2017-18 as per the work order issued by the respondent authorities and submitted the bill amount of Rs.8,47.029/- , 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 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